Nov 25, 2009
A Knight's Birthday
Earlier this year the actor Ricardo Montalban passed away. While he is often best known as an actor, he was also a Knight in the Papal Order of St. Gregory the Great. A true humanitarian, devout Catholic, and terrific actor, let us remember Ricardo Montalban on what would have been his 89th birthday.
Nov 23, 2009
An article from the Distributist Review...
Nov 6, 2009
Democracy, Monarchy, Management, and Leadership
One common question that we face is ‘why do you support monarchy?’ in one of its various forms. After all, in the current world some variation of representative democracy seems to be the only way to govern. The fall of the Soviet Union led to an assumption that corporate capitalist democracy, socialist democracy, or some other flavor of representative democracy is the path the world is on.
Of course, the last 10 years have shown the faults of this assumption. From the balkanization of former Soviet territories into new nations to the repeated economic shocks which the most mature democracies of the West have only made worse the evidence shows that representative democracy will, to paraphrase John Adams, always destroy itself.
But why is that? From Greece to dozens of modern examples democracy fails. Some argue that Pareto was correct in arguing that democracy is a façade; others that Friedman was correct when he argued that voters are irrational in their voting choices; others argue that the ephemeral nature of a government that changes every few years makes it too unstable to survive; and, perhaps, Machiavelli was correct when he argued that, in the end, democracy breaks down when people realize they can vote themselves anything – and do.
When we speak of the failure of democracies we often hear the counter-argument that ‘monarchies were no better! There were many examples of terrible kings’. This is true. But it always makes us wonder – why do advocates of democracy excuse bad presidents and prime ministers while praising democracy but hold monarchy doomed by bad kings? Either a badly chosen person dooms the entire system, or it does not.
However, this does point out that both of these failures, the collapse of democracy and the danger of a bad king, both spring from the dichotomy that separates democracy from monarchy. This dichotomy has always existed but in the modern world it seems almost invisible. Indeed, some argue it doesn’t exist. In general this dichotomy is skills versus character. Or, as we call it, management versus leadership.
Management is a set of skills; planning your time; prioritizing tasks; communicating with and among subordinates, peers, and superiors; the documentation of procedures; etc. In the modern world many people, especially people who teach management skills. Include leadership as a skill. We posit that this concept, that leadership Is a skill on par with prioritizing tasks and that leadership can be learned in the classroom by anyone willing to do the homework, is one of the root causes of the recent economic difficulties. Time after time in the dot com burst and in the current recession there were stories of a major company, investment firm, venture capital group, Fortune 100 company, etc. where the people at the top had made catastrophic decisions which lead to the firm being in great peril. And time and again we learned that the response of these managers was to evade responsibility, hide the risks, and do their utmost to continue to gain great wealth for themselves at the expense of investors, shareholders, employees, even their own families.
Most, if not almost all, of these top business managers were, we are told, our ‘best and brightest’; graduates of Ivy League schools with MBAs from the top universities. Of course, ‘MBA’ stands for ‘Master of Business Administration’ and means that, as we stated, all of these managers responsible for costing millions of people trillions of dollars due to their own terrible management were trained that leadership is a skill that you can write down in your planner.
If leadership isn’t a skill, though, what is it? Leadership is the combination of traits and behaviors that cause you to be effective in giving purpose, direction, and motivation to others. The core traits of a leader are justice, courage, prudence, and temperance. These are called the Cardinal Virtues because you cannot have any unless you have all. To the best of our knowledge the only academic institutions that still strive to instill these virtues are the various military academies of the world, and they have varying degrees of emphasis on them (and, of course, varied results). The examples of business managers show the woeful lack of these traits in the financial world of corporate capitalism. Indeed, if anything the various crises of the last few decades show that the men and women from the ‘best’ schools are trained to embrace corruption, cowardice, foolishness, and gluttony.
History shows us that over time democracies slowly reject leadership in favor of management. Leaders come and go as elections pass by, meaning that it is difficult to judge the character of potential leaders – only skills can be assessed. Eventually the people elevate skills above character in the public sphere. Over time this elevation of skills over character becomes common in private life, as well. This erosion of admiration of virtuous character eventually leads to moral decline in society and leaders until Pareto, Friedman, and Machiavelli are shown to be correct.
This also explains the strength and weakness of monarchy. Monarchs and nobles are raised from birth to be leaders – if all goes well. The great monarchs and nobles of the past (as opposed to, perhaps, the great conquerors) displayed excellent character while the examples that discredit monarchies in the eyes of its foes were as flawed in character as any politician in a democracy.
At the same time the reliance of a kingdom upon the good character of its leaders encourages the elevation of those virtues throughout the citizenry. This is especially true when it is possible for a citizen to be elevated to the nobility by virtue and for a noble to lose their position through turpitude. When leadership is based upon and dependent upon moral, upright character then morality and virtues are esteemed and rewarded while immorality and baseness are despised and rejected. The reason that morality is rejected and baseness embraced in the modern West is because, inevitably, democracy rejects virtue and good character.
Of course, the last 10 years have shown the faults of this assumption. From the balkanization of former Soviet territories into new nations to the repeated economic shocks which the most mature democracies of the West have only made worse the evidence shows that representative democracy will, to paraphrase John Adams, always destroy itself.
But why is that? From Greece to dozens of modern examples democracy fails. Some argue that Pareto was correct in arguing that democracy is a façade; others that Friedman was correct when he argued that voters are irrational in their voting choices; others argue that the ephemeral nature of a government that changes every few years makes it too unstable to survive; and, perhaps, Machiavelli was correct when he argued that, in the end, democracy breaks down when people realize they can vote themselves anything – and do.
When we speak of the failure of democracies we often hear the counter-argument that ‘monarchies were no better! There were many examples of terrible kings’. This is true. But it always makes us wonder – why do advocates of democracy excuse bad presidents and prime ministers while praising democracy but hold monarchy doomed by bad kings? Either a badly chosen person dooms the entire system, or it does not.
However, this does point out that both of these failures, the collapse of democracy and the danger of a bad king, both spring from the dichotomy that separates democracy from monarchy. This dichotomy has always existed but in the modern world it seems almost invisible. Indeed, some argue it doesn’t exist. In general this dichotomy is skills versus character. Or, as we call it, management versus leadership.
Management is a set of skills; planning your time; prioritizing tasks; communicating with and among subordinates, peers, and superiors; the documentation of procedures; etc. In the modern world many people, especially people who teach management skills. Include leadership as a skill. We posit that this concept, that leadership Is a skill on par with prioritizing tasks and that leadership can be learned in the classroom by anyone willing to do the homework, is one of the root causes of the recent economic difficulties. Time after time in the dot com burst and in the current recession there were stories of a major company, investment firm, venture capital group, Fortune 100 company, etc. where the people at the top had made catastrophic decisions which lead to the firm being in great peril. And time and again we learned that the response of these managers was to evade responsibility, hide the risks, and do their utmost to continue to gain great wealth for themselves at the expense of investors, shareholders, employees, even their own families.
Most, if not almost all, of these top business managers were, we are told, our ‘best and brightest’; graduates of Ivy League schools with MBAs from the top universities. Of course, ‘MBA’ stands for ‘Master of Business Administration’ and means that, as we stated, all of these managers responsible for costing millions of people trillions of dollars due to their own terrible management were trained that leadership is a skill that you can write down in your planner.
If leadership isn’t a skill, though, what is it? Leadership is the combination of traits and behaviors that cause you to be effective in giving purpose, direction, and motivation to others. The core traits of a leader are justice, courage, prudence, and temperance. These are called the Cardinal Virtues because you cannot have any unless you have all. To the best of our knowledge the only academic institutions that still strive to instill these virtues are the various military academies of the world, and they have varying degrees of emphasis on them (and, of course, varied results). The examples of business managers show the woeful lack of these traits in the financial world of corporate capitalism. Indeed, if anything the various crises of the last few decades show that the men and women from the ‘best’ schools are trained to embrace corruption, cowardice, foolishness, and gluttony.
History shows us that over time democracies slowly reject leadership in favor of management. Leaders come and go as elections pass by, meaning that it is difficult to judge the character of potential leaders – only skills can be assessed. Eventually the people elevate skills above character in the public sphere. Over time this elevation of skills over character becomes common in private life, as well. This erosion of admiration of virtuous character eventually leads to moral decline in society and leaders until Pareto, Friedman, and Machiavelli are shown to be correct.
This also explains the strength and weakness of monarchy. Monarchs and nobles are raised from birth to be leaders – if all goes well. The great monarchs and nobles of the past (as opposed to, perhaps, the great conquerors) displayed excellent character while the examples that discredit monarchies in the eyes of its foes were as flawed in character as any politician in a democracy.
At the same time the reliance of a kingdom upon the good character of its leaders encourages the elevation of those virtues throughout the citizenry. This is especially true when it is possible for a citizen to be elevated to the nobility by virtue and for a noble to lose their position through turpitude. When leadership is based upon and dependent upon moral, upright character then morality and virtues are esteemed and rewarded while immorality and baseness are despised and rejected. The reason that morality is rejected and baseness embraced in the modern West is because, inevitably, democracy rejects virtue and good character.
Oct 31, 2009
Happy Constitution Day!
Today is the 10th anniversary of the writing of the first draft of the Edanian constitution. The Royal Family is hosting a party to commemorate the event and the King sends his best wishes to all Edanian across the globe!
Oct 23, 2009
Happy Birthday Prince Nicholas!
Please join the citizens of Edan in wishing HH Nicholas a happy birthday!
Aug 2, 2009
Recommened Reading on Economics and Catholicism.
The Ministry of Information highly recommends the discussion of His Holiness Pope Benedict XVI's most recent encyclical found here.
Jul 28, 2009
Happy Birthday Prince Alexander!
Please join the Royal Family in wishing His Highness Alexander a very special birthday!
Jul 22, 2009
Royal Address on the Global Economic Crisis
To the Citizens and Nobles of Edan and the Peoples of all the World, Greetings.
We are aware that the current economic shock is affecting many people, even most people, all over the world in a negative way; many people have lost employment, have lost homes, face a future of decreased actual income and increased prices, and face a lack of credit.
This last element of the crisis, a ‘lack of credit’, actually tells us all a great deal about the origins of the current crisis. For many decades legions of economists, scholars, and political leaders of the secular world have insisted that there are only two ways to approach the economy – Communism/Socialism on the one hand, and laissez faire Capitalism on the other.
This is a false dichotomy born of Modernism/Naturalism. In reality, both sides of this equation share a common element in that each system treats human beings as means to ends; Communism/Socialism treats people as a means to labor, Capitalism treats people as a means to profit. This failure to recognize people as ends in themselves fatally undermines each outlook. The inevitable result is that these economic theories’ conflict with reality leads to economic disruptions. In the face of these disruptions, leaders who embrace these theories try to alleviate the stress.
But the champions of the false dichotomy have been so successful in the academies and parliaments of the world that as each system fails (as they must) the response is either to meld the two or to declare that ‘proper Communism/Capitalism has not yet been tried, so we must become more extreme in our devotion to an ideal Communism/Capitalism’.
The long term effects of melding the two systems are to diminish what strengths they each have apart and to magnify their separate weaknesses. The short terms effects of extremist positions are the sacrifice of human dignity and even life upon the altar of a false ideal of economics. For example, adding some elements of Capitalism to a primarily Communist system does provide an immediate, albeit minor, increase in personal autonomy to the citizens of the state in question. However, the long term effect is to increase the economic system’s need for growth, resulting in greater disruptions eventually limiting the choices available to people within the system as effectively as Communist controls. Similarly, adding Communist-style centralized controls to a Capitalist system creates some immediate relief from the never-ending demand for accelerating growth, but at the expense of the autonomy that makes choices available for individuals, meaning the next, unavoidable, economic disruption will be more severe because people have fewer and fewer means of preparing for and reacting to economic issues.
Thus we return to the current ongoing collapse of the global markets. On one economic pole of this global economy is the United States, a nominally Capitalist country that has embraced Socialist practices for decades. The other pole is China, a nominally Communist nation that has embraced Capitalist practices for decades. The other nations of the world, broadly speaking, fall somewhere between these two economic powerhouses. In every nation the results are the same, if differing slightly in emphasis; the economy is predicated upon the Capitalistic basis of perpetual growth and guided with the Communist goal of replacing personal responsibility with a form of collective will. a will defined and enforced by the state, leading to limited personal autonomy.
The United States suffers more from a requirement of perpetual growth and China more from a decline in individual autonomy, but each is facing the same barrier – the failure of their theories in the face of reality. The reaction of political and academic leaders has reflected the habit of Modernism to reject reality in favor of theory. Thus the United States is attempting to force growth by expending vast sums in what seems to be an attempt to, as one American leader phrased it, ‘spend their way out of bankruptcy’. China is currently waiting to see how the United States’ gambit works, but are almost certainly prepared to further limit their people in an attempt to, again, force growth by giving even more power to the people that created the current crisis.
This growth simply cannot happen for one simple reason – fewer people. Modernism’s embrace of the idea of people as means rather than ends has so devalued human life that Modernists stopped having children in normal quantity generations ago. Now there are fewer people of working age than of retirement age, a trend that will continue for decades. In the face of a reduced demand for everything from houses to hats the economy cannot do what Capitalism demands it do – grow. Communism’s control of people is so inefficient and onerous that it tends to delay the collapse, but exacerbate it when it does finally arrive. In the end, the Modernism that accompanies both Capitalism and Communism/Socialism dooms both.
But, what then are we left to do? If we have rejected Communism/Socialism and Capitalism, what is left?
The answer is Distributism. Distributism is based upon Catholic social teaching, a cornerstone of which is the idea that people are always ends in and of themselves. The core ideas of Distributism are quite simple;
1. All men have a right to private property, to just compensation for their goods and labor, and to
enter into business agreements – including employment – of their own free will.
2. Private ownership of property and work are good both for the individual and society as a whole. Work can be physical, artistic, or intellectual.
3. That responsibility and decision-making should be ‘pushed down’ as close to the individual as possible; a national government is less efficient at and less capable of making good decisions than the regional government, the region less so than the municipality, etc. down to the family itself.
4. Private organizations are better at getting things done than governments or their agencies; smaller groups are generally better than larger; individuals and families over all are the best.
5. The more local, the better.
6. All families should be as self-sufficient as possible.
7. Coops and Guilds are preferred over corporations and unions. This also means credit unions are to be preferred over banks.
8. When engaged in business-to-business ventures, avoid middle-men and deal as directly as possible with the end client/end user.
9. Government welfare programs are to be eliminated whenever possible, reduced or avoided otherwise.
10. There is no utopia, and there never will be.
As is plainly evident, these economic principles require neither perpetual growth nor strong central control. But the greatest difference between Distributism and either Communism/Socialism and Capitalism is that its focus is not upon product (be it labor, goods, or profit), but on people. This acceptance of reality, this acknowledgment that ‘economics’ is really just people living their lives, is why Distributism is the answer to the current economic crises; because the crises isn’t truly about economics, but actually about how we think of and treat people.
Since Distributism was first described various people and groups have called it a ‘Third Way’ of economics. The Catholic Church has continually denied that it is, indeed, the third way. We believe that this is for one simple reason.
It is the only way.
Given by our hand this 24th day of July in the year 2009 Anno Domini
Ricardus Rex Edani
We are aware that the current economic shock is affecting many people, even most people, all over the world in a negative way; many people have lost employment, have lost homes, face a future of decreased actual income and increased prices, and face a lack of credit.
This last element of the crisis, a ‘lack of credit’, actually tells us all a great deal about the origins of the current crisis. For many decades legions of economists, scholars, and political leaders of the secular world have insisted that there are only two ways to approach the economy – Communism/Socialism on the one hand, and laissez faire Capitalism on the other.
This is a false dichotomy born of Modernism/Naturalism. In reality, both sides of this equation share a common element in that each system treats human beings as means to ends; Communism/Socialism treats people as a means to labor, Capitalism treats people as a means to profit. This failure to recognize people as ends in themselves fatally undermines each outlook. The inevitable result is that these economic theories’ conflict with reality leads to economic disruptions. In the face of these disruptions, leaders who embrace these theories try to alleviate the stress.
But the champions of the false dichotomy have been so successful in the academies and parliaments of the world that as each system fails (as they must) the response is either to meld the two or to declare that ‘proper Communism/Capitalism has not yet been tried, so we must become more extreme in our devotion to an ideal Communism/Capitalism’.
The long term effects of melding the two systems are to diminish what strengths they each have apart and to magnify their separate weaknesses. The short terms effects of extremist positions are the sacrifice of human dignity and even life upon the altar of a false ideal of economics. For example, adding some elements of Capitalism to a primarily Communist system does provide an immediate, albeit minor, increase in personal autonomy to the citizens of the state in question. However, the long term effect is to increase the economic system’s need for growth, resulting in greater disruptions eventually limiting the choices available to people within the system as effectively as Communist controls. Similarly, adding Communist-style centralized controls to a Capitalist system creates some immediate relief from the never-ending demand for accelerating growth, but at the expense of the autonomy that makes choices available for individuals, meaning the next, unavoidable, economic disruption will be more severe because people have fewer and fewer means of preparing for and reacting to economic issues.
Thus we return to the current ongoing collapse of the global markets. On one economic pole of this global economy is the United States, a nominally Capitalist country that has embraced Socialist practices for decades. The other pole is China, a nominally Communist nation that has embraced Capitalist practices for decades. The other nations of the world, broadly speaking, fall somewhere between these two economic powerhouses. In every nation the results are the same, if differing slightly in emphasis; the economy is predicated upon the Capitalistic basis of perpetual growth and guided with the Communist goal of replacing personal responsibility with a form of collective will. a will defined and enforced by the state, leading to limited personal autonomy.
The United States suffers more from a requirement of perpetual growth and China more from a decline in individual autonomy, but each is facing the same barrier – the failure of their theories in the face of reality. The reaction of political and academic leaders has reflected the habit of Modernism to reject reality in favor of theory. Thus the United States is attempting to force growth by expending vast sums in what seems to be an attempt to, as one American leader phrased it, ‘spend their way out of bankruptcy’. China is currently waiting to see how the United States’ gambit works, but are almost certainly prepared to further limit their people in an attempt to, again, force growth by giving even more power to the people that created the current crisis.
This growth simply cannot happen for one simple reason – fewer people. Modernism’s embrace of the idea of people as means rather than ends has so devalued human life that Modernists stopped having children in normal quantity generations ago. Now there are fewer people of working age than of retirement age, a trend that will continue for decades. In the face of a reduced demand for everything from houses to hats the economy cannot do what Capitalism demands it do – grow. Communism’s control of people is so inefficient and onerous that it tends to delay the collapse, but exacerbate it when it does finally arrive. In the end, the Modernism that accompanies both Capitalism and Communism/Socialism dooms both.
But, what then are we left to do? If we have rejected Communism/Socialism and Capitalism, what is left?
The answer is Distributism. Distributism is based upon Catholic social teaching, a cornerstone of which is the idea that people are always ends in and of themselves. The core ideas of Distributism are quite simple;
1. All men have a right to private property, to just compensation for their goods and labor, and to
enter into business agreements – including employment – of their own free will.
2. Private ownership of property and work are good both for the individual and society as a whole. Work can be physical, artistic, or intellectual.
3. That responsibility and decision-making should be ‘pushed down’ as close to the individual as possible; a national government is less efficient at and less capable of making good decisions than the regional government, the region less so than the municipality, etc. down to the family itself.
4. Private organizations are better at getting things done than governments or their agencies; smaller groups are generally better than larger; individuals and families over all are the best.
5. The more local, the better.
6. All families should be as self-sufficient as possible.
7. Coops and Guilds are preferred over corporations and unions. This also means credit unions are to be preferred over banks.
8. When engaged in business-to-business ventures, avoid middle-men and deal as directly as possible with the end client/end user.
9. Government welfare programs are to be eliminated whenever possible, reduced or avoided otherwise.
10. There is no utopia, and there never will be.
As is plainly evident, these economic principles require neither perpetual growth nor strong central control. But the greatest difference between Distributism and either Communism/Socialism and Capitalism is that its focus is not upon product (be it labor, goods, or profit), but on people. This acceptance of reality, this acknowledgment that ‘economics’ is really just people living their lives, is why Distributism is the answer to the current economic crises; because the crises isn’t truly about economics, but actually about how we think of and treat people.
Since Distributism was first described various people and groups have called it a ‘Third Way’ of economics. The Catholic Church has continually denied that it is, indeed, the third way. We believe that this is for one simple reason.
It is the only way.
Given by our hand this 24th day of July in the year 2009 Anno Domini
Ricardus Rex Edani
Jun 4, 2009
A Non-corrupt Government
Despite his reputation, Machiavelli was, first and foremost, a theorist of government with a focus on the idea 'what government is most just, most stable, and lest onerous?'. While his book The Prince gets the most attention, his book The Discourses is his best work by far.
Here is an excerpt.
"Princes or republics that wish to maintain themselves without corruption must, above all else, maintain free of corruption the ceremonies of their religion and must hold them constantly in veneration; for there is no greater indication of the ruin of a country than to see its religious worship not respected." (Machiavelli, The Discourses, Book I, Chapter XII)
Here is an excerpt.
"Princes or republics that wish to maintain themselves without corruption must, above all else, maintain free of corruption the ceremonies of their religion and must hold them constantly in veneration; for there is no greater indication of the ruin of a country than to see its religious worship not respected." (Machiavelli, The Discourses, Book I, Chapter XII)
Apr 1, 2009
How to Become a Citizen
Hello! While the Kingdom of Edan has existed since 1999 the government stopped accepting applications for citizenship in 2002 in order to make sure the nature of the Kingdom was stable, the Constitution was complete, and that the core ideas would work.
As of April 1st, 2009 the Kingdom is once again accepting citizenship applications. There are no restrictions on applications except the following;
1) Potential citizens must be at least 17 years and 6 months old.
2) Potential citizens must be of sound mind
3) Potential citizens must be willing to swear an oath of fealty
Once the application is received a member os the Ministry of State will contact you about the details of joining the Kingdom. Anyone interested my contact the Ministry of State directly at
EdanStateMinistry [at] gmail [dot] com
We look forward to welcoming you to Edan!
As of April 1st, 2009 the Kingdom is once again accepting citizenship applications. There are no restrictions on applications except the following;
1) Potential citizens must be at least 17 years and 6 months old.
2) Potential citizens must be of sound mind
3) Potential citizens must be willing to swear an oath of fealty
Once the application is received a member os the Ministry of State will contact you about the details of joining the Kingdom. Anyone interested my contact the Ministry of State directly at
EdanStateMinistry [at] gmail [dot] com
We look forward to welcoming you to Edan!
The Final Constitution
The Constitution of the Kingdom of Edan
Preamble
In furtherance of the desire of all people to be free, to gather together, and to determine their own destiny, His Royal Majesty Richard has created this constitution for the Kingdom of Edan to protect its citizens and their rights in humble acknowledgement of God who is the source of all justice, all freedom, and all good.
Chapter I The Kingdom of Edan
Article 1 Citizenry and Language
(1) Citizens of the Kingdom of Edan are all people granted citizenship as detailed by this constitution or children who are either;
(a) Under the age of 18 at the time of the naturalization of their parent(s).
(b) Born after the naturalization of their parent(s).
(2) All citizens must take an oath of fealty at the time of naturalization or within a period of time following their 18th birthday as defined in this constitution. Failure to do so may result in penalties up to the loss of citizenship.
(3) The official languages of the Kingdom of Edan are American English and Ecclesial Latin.
(4) The full name of the State of Edan is "The Kingdom of Edan". The short form of the State's name is "Edan". The three-letter abbreviation is KED. Citizens are referred to as "Edanians".
Article 2 Nature of the Kingdom of Edan
(1) The Kingdom of Edan is a sovereign, Catholic, constitutional monarchy.
(2) This Constitution, as ratified by the King as an instrument of his sovereignty and authority, is the ultimate law of the Kingdom.
Article 3 Royal and National Heraldry, National Symbols, and National Capitol
(1) The flag of the Kingdom of Edan is an ensign with a ratio of 3:5; the field shall be black with a vertical stripe of gold of one-tenth the width of the ensign placed one-tenth of the width of the ensign from the outer, or fly, end. Between this stripe and the outer, or fly, end shall be placed seven evenly spaced Maltese crosses in a vertical column. The crosses shall each be gold and shall have a height and width of one-eighth the height of the flag.
(2) The coat of arms and seal of the Kingdom of Edan is a black shield with a large Maltese cross of gold centered. Below shall be the national motto.
(3) The national motto is "Our path is Freedom, our shield is Truth, our sword is Justice".
(4) The royal coat of arms and seal shall be a black shield with a large Jerusalem cross of gold, centered. Below shall be the motto of the Royal Family.
(5) The motto of the Royal Family is “Magna est Veritas et Praevalet”.
(6) The national anthem of the Kingdom of Edan is “Mars: the Bringer of War” from the Planets Suite by Gustav Holst.
(5) The capitol of the Kingdom of Edan is to be determined by legislation.
Until such time, it shall be the Royal Palace of the Sovereign.
Chapter II Objectives of the Kingdom of Edan
Article 4 General Constitutional Objectives
(1) The Kingdom holds as inherent and inalienable the rights of its people to life, freedom, dignity, and justice.
(2) The Kingdom promotes:
(a) The rights of its citizens as individuals and as a Kingdom.
(b) The welfare, health, and safety of its citizenry.
(c) The cultural identity of Edanian citizens and the Kingdom.
(d) The development and preservation of a unique Edanian culture.
(e) The creation and maintenance of the Kingdom of Edan as a community
Article 5 Defense of the Kingdom
(1) It is the duty and obligation of the Kingdom to protect its citizens.
(2) The Kingdom takes adequate measures to preserve its integrity and the safety of its citizens even in times of war or civil war.
(3) The Kingdom protects its citizenry and its own integrity against violence and catastrophe.
Chapter III Organization of the Kingdom
Part I General Organization
Article 6 Citizens
(1) Citizens are the life of the Kingdom. Native and naturalized citizens are equal in the eyes of the Kingdom. To be a citizen a person must;
(a) Be 18 years of age or older and have sworn a valid oath of fealty to the King. A person must be of sound mind to swear an oath of fealty.
(b) Be 17 years of age or younger or be incapable of swearing a valid oath of fealty and be the child or legal ward of a citizen or noble.
(2) Citizens cannot be involuntarily deprived of their citizenship except as defined by this constitution. Citizens wishing to relinquish their citizenship may do so by delivering a written, public, signed letter of repudiation of citizenship to the Ministry of State, the Ministry of Foreign Affairs, the Royal Household, any ambassador, consul, or official diplomat, or any member of the royal family.
(a) Any repudiation of citizenship must state that the citizen knowingly and willingly requests a full and permanent removal of their citizenship in the Kingdom of Edan.
(b) As a repudiation of citizenship is the breaking of an oath of fealty individuals that do so are barred from ever re-applying for citizenship in the Kingdom. Nor may they be employed by or for the government of the Kingdom or its agencies.
(c) Repudiation of citizenship cannot be used to avoid prosecution or civil suit.
(3) Refusal to swear the oath of fealty as described in this constitution shall be considered to be a willful refusal of citizenship. Upon turning 18 years old a citizen has 6 months to either swear the oath of fealty or be declared mentally incompetent. If either condition is not met, that person relinquishes their citizenship, but is free to apply for citizenship after the age of 25.
(4) The right to vote is not universal. In order to have the ability to vote a person must;
(a) Be a citizen of Edan as defined in Article 6 section 1 of this Constitution
(b) Be mentally competent
(c) Be male
(d) Be at least 18 years old
(e) Not be barred from voting due to penalties imposed by the courts for a specific conviction
(f) Have valid census information on file with the Ministry of State no more than 5 years old
(g) Have met the minimum education standards of the Kingdom as demonstrated by formal test. These standards are;
(a) For purposes of reading, the minimum voting standard is the ability to understand similes and metaphors and the ability to identify the plot of a four-paragraph narrative in a written document
(b) For purposes of writing, the minimum voting standard is the ability to write a grammatically-correct two- to four- paragraph narrative of a situation described by a tester.
(c) For purposes of math, the minimum voting standard is the ability to; add, subtract, multiply, and divide two 3-digit numbers; understand percentages; calculate compound interest; read a chart; read a graph; make change; and tell time
Article 7 Organizational Principles
(1) The powers and rights of the Edanian government are expressions of the King’s sovereignty. Executive and legislative powers cannot be separated in the person of the King or in the institution of the Kingdom. Judicial powers are considered part of executive powers. This constitution establishes checks and limits to the King’s powers to ensure just and moral government in the interests of the Edanian people.
Article 8 Powers of the Kingdom
(1) The Kingdom reserves for itself exclusive jurisdiction over the following subjects:
(a) Defense of the nation. No person may raise or maintain armies, militias, armed vessels, or private military forces except as formally authorized by Edicts of Enfeofment or as a duly-appointed Royal Governor with direct authorization by the King. All armed forces, navies, armed vessels, or militias are under the authority of the King.
(b) Foreign relations. No private citizen, senator, councilor, noble, or other citizen of Edan may engage in diplomacy with foreign states without being formally charged as an ambassador by the King or the Minister of Foreign Affairs.
(c) Economic regulations including banking, securities, stocks, bonds, commodities, and other financial instruments, markets, or institutions.
(d) Infrastructure, utilities, and traffic including canals, roads, thoroughfares, rivers, streams, lakes, public computer networks, electricity distribution, gas distribution, and all similar systems.
(e) Taxation, to include levies, tariffs, and duties.
(f) Private, criminal, and procedural law.
(g) Educational and technical training standards.
(h) Weights and measures.
(i) The coining, printing or other creation of money, as well as the establishment of its value.
(j) The establishment of professional standards, the licensing of professionals, and the enforcement of such standards.
(k) The regulation and registration of patents, copyrights, and trademarks and the enforcement of such standards.
(l) The regulation of waterways, seaways, airspace, and related transportation controls.
(m) The use of the electromagnetic spectrum for communications, other media, or any form of commercial or non-commercial use.
(n) The definition of marriage, contract law, corporate nature and structure, the definition of public morals, private moral behavior, and other such matters of family and social morality.
(o) All other matters which, by their nature or because of their relations to above listed subjects require royal control.
(2) The Kingdom may grant its sovereign powers to international or supranational bodies, including systems of mutual collective security and trade organizations, as long as it retains the right to withdraw from such organizations at will, may rescind its rights fully unto itself at any time, is assured an adequate level of representation in those bodies and those bodies guarantee sufficient legal protection for the citizens of the Kingdom. If membership or participation in such a body requires the violation of the rights enumerated in this constitution the Kingdom shall not join or participate in such a group.
(3) As agents of the Crown, Nobles are given special powers to legislate, police, and enforce these powers. Failure to fulfill these duties can be grounds for negligence.
Part II Representation of the Kingdom
Article 9 The Sovereign
(1) As the source of the Kingdom and its sovereignty, the Sovereign is the embodiment of the Kingdom and its citizens as well as the head of government, the head of state and the chief executive. Within the constitution the term 'king' shall apply to the Sovereign regardless of the actual gender of the Sovereign.
(2) The full title of the King shall be "His Royal Majesty, (name), King of
Edan, Defender of the People". The short title shall be "His Royal Majesty, (name)". If the sovereign is female, the word "her" shall replace "his" and "queen" shall replace "king".
(3) The King has the right to review and approve or disapprove legislation, the right of High Justice, and the sole right to conduct foreign affairs and all other representative functions of the State.
(4) The King ascends to the throne of the Kingdom of Edan upon the death, abdication, excommunication, or removal of the previous sovereign.
(5) The Heir Designate is chosen in accord with the rules of primogeniture. If no living male descendent exists or if all living male descendents are ineligible, the King may select another Heir Designate according to agnatic-cognatic inheritance based upon the bloodlines of the then-reigning King. If no such relative exists or if all such relative are ineligible, the King may select a female heir following the same process. If there is still no eligible heir, the King may select an heir via proximity of blood, males first and then females. If no eligible relative exists within 7 degrees of relationship, the King may appoint a Duke, Count, Earl or one of their descendents as the Heir Designate. The Heir Designate shall assume the throne pursuant to Part II, Article 9, Item 2, above. The Heir Designate shall be styled His Royal Highness, the Crown Prince or Her Royal Highness, the Crown Princess. In exception, spouses shall retain their existing title(s).
(6) The Heir Designate must be a practicing Catholic in communion with Rome.
(7) The Kingdom of Edan is inherited as a fideicommissum, although the granting of territory, land, or other assets as fiefdoms is permitted.
(8) Unless specifically altered in the Edict of Enfeofment, all noble titles, lands, properties, etc. shall also be bound by the inheritance laws described in Article 10, items 5 through 7 with the following exceptions
(a) There is no requirement for a noble or his heirs to be Catholic unless such a requirement was included in the Edict of Enfeofment.
(b) If there are no eligible relatives via proximity of blood all inheritance shall revert to the King or superior liege lord.
(9) If the Heir Designate is under the age of 18 a Regent shall be appointed by the King. If the King dies or is removed from office without designating a regent, or if the regent dies or is convicted of a felony before the majority of the heir, the living spouse of the former King shall be made Regent unless a three-fourths majority of the Senate and the Council, voting separately, rejects them as Regent. If this occurs, a Regent shall be appointed by a three-fourths majority of each of the houses of the Assembly and may hold no other office. The Regent shall exercise all powers of the King, excepting the designation of heirs, until the majority of the King.
(10) The Regent must be a practicing Catholic in Communion with Rome.
(11) If the King is found by three independent medical experts to be permanently incapable of fulfilling his duties the Assembly may vote to remove him from the throne by a three-fourth majority of the General Assembly. If this occurs, the Heir Designate shall immediately assume the throne.
(12) If the King is temporarily incapacitated his duties will be fulfilled by the Royal Spouse and the Heir Designate.
(13) 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.
(14) 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.
(15) The King may announce his abdication by Royal Decree. Such a Decree of Abdication must name the Heir Designate and Regent, if required.
Part III Executive Power
Article 10 The King
(1) The executive powers and privileges, including judicial powers, of the Kingdom are solely the King’s, although some of those powers and privileges are partially extended to others.
(2) The King may delegate some of his powers to subordinates, providing;
(a) No power, right, or ability of the King may be permanently granted to any individual, office, ministry, or group,
(b) the King may rescind any such rights to himself at any time,
(c) the King shall always have the responsibility of oversight of the exercise of his delegated powers,
(d) the powers of High Justice, Supreme Commander of the Armed Forces, designation of heirs, and dissolution of the Assembly are solely the King's and may never be delegated.
(3) The King appoints national Ministers, subject to the approval of the Assembly, and may dismiss them freely.
(4) The King appoints all ambassadors and may dismiss them freely.
(5) The King appoints all royal judges and may dismiss them as detailed in this Constitution.
(6) The King appoints all Governors, subject to approval of the Assembly, and may dismiss them freely.
(7) The King has the right to designate national holidays, days of mourning, and days of reflection.
(8) The King has the right to create and promulgate Orders of Knighthood, excepting that the charters of such Orders and titles shall not infringe upon the constitution or the laws of the Kingdom.
(9) The King has the right to issue letters of patent to businesses, guilds, cooperatives, and similar ventures.
(9) The King is Supreme Commander of the Armed Forces.
(10) The King retains the sole right to dissolve the Assembly, in whole or in its separate houses. This right may only be exercised in accordance with this Constitution.
(11) The King has the right to issue Noble titles, lands, property, and monies as he sees fit.
(12) The King may issues letters of marque and reprisal
(13) The King exercises his rights through Royal Decrees, Letters Patent, and Edicts of Enfeofment. As instruments of the sovereign power of the King these instruments have the force of law.
Article 11 The Nobility
(1) The Nobility of the Kingdom of Edan consists of those citizens granted a noble title by the King or by a noble with the Right of Enfeofment. The King grants titles of nobility at will. Nobles granted the Right of Enfeofment may exercise that right as defined in their own Edict of Enfeofment, subject to the approval of the King and their own liege, as appropriate. Members of the Nobility are officers of the government and are granted special rights by law.
(2) Titles, precedent, Rights of Enfeofment, and inheritability are established by the King via the Edict of Enfeofment which creates a new noble. If a lesser Noble is enfeofed by a Noble other than the king, these terms shall be limited as per the King’s original Edict of Enfeofment and any sub-liege’s own strictures.
(3) The Royal Family is, by definition, first in precedence and honors.
(4) 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.
(a) A Noble facing the removal of titles for moral turpitude or negligence can appeal to the Senate and the local Catholic bishop. If both the Bishop and a 3/4ths majority of the Senate vote against the loss of titles the noble may retain his titles and positions.
(b) The stripping of titles shall also include the forfeiture of all grants of money,
stipends, income, property, or land granted as part of either titles or duties.
(c) All titles, lands, incomes, stipends, property, or other goods, honors, and titles, shall revert to the King or to the liege lord who granted the title(s) and position(s). The responsibilities of the lands and peoples of the former noble shall also revert to the King or other grantor of title(s) and position(s).
(5) Nobles are responsible for the safety of their particular subjects. It is the duty of a noble to provide adequate law enforcement, public safety, judicial, and civic resources for their subjects within the limits of their power, capabilities and resources.
(6) Nobles are responsible for the enforcement of the King’s laws and must provide all possible assistance to agents of the Crown.
Article 12 The Cabinet
(1) The members of the Cabinet aid the King in his exercise of executive power. They also advise the King on matters of State.
(2) The First Senator, President of the Council and the judges of the High Tribunal may not also be members of the Cabinet.
(3) Members of the Cabinet must be citizens.
(4) The King nominates members of the Cabinet to the First Senator. All such nominees are confirmed unless a two-thirds majority of each of the separate houses of the Assembly votes to reject them. The same person may only be nominated twice in a row. If a nominee is rejected twice in a row, they cannot be nominated again until 3 other persons have also been rejected for the position or until another person has fulfilled the duties of the nominated position for a period of not less than six months.
(5) Approval or rejection must be made by the Senate within one week of the King's nomination if the nomination is made during a Conclave. If made during a period of recess or during a Null Conclave, the nomination must be voted upon during the first week of the next Conclave. Failure to do so shall constitute acceptance by default. If this occurs or if the nomination is approved the nomination is forwarded to the Council by the King.
(6) The Council must approve or reject a Cabinet nominee within one week of receiving the nomination from the Senate. If made during a period of recess or during a Null Conclave, the nomination must be voted upon during the first week of the next Conclave. Failure to do so shall constitute acceptance by default. If this occurs or if the nomination is approved the nominee shall assume the duties of the nominated position immediately.
(7) It is the duty of the members of the Cabinet to grant their advice to the King on matters of State.
(8) Members of the Cabinet may resign their positions at will by a public and written declaration delivered to the King or the First Senator if the King is unavailable. The Cabinet position will be vacant immediately upon receipt of such a declaration.
(9) The King may remove members of the Cabinet at will and need not have cause or approval. The First Senator or President of the Council may request that the King present a written explanation of such a removal; the King is not obliged to do so. If the King does submit a written explanation, he may demand that it be kept private and unpublished.
(10) Cabinet members found guilty of Treason, Perfidy, Bribery, or non-involuntary Murder must be removed by the King. Such a reason may not be kept private and unpublished.
(11) If a Ministerial position becomes vacant the King retains all of the rights and privileges of the position himself until a new member of the Cabinet is confirmed.
Article 13 The Minister of State
(1) The Minister of State shall have the highest precedence within the cabinet.
(2) The Minister of State is concerned with the internal affairs of the Kingdom to include; transportation, infrastructure, utilities, education, labor, housing, social welfare, and the environment. He is the senior member of the Cabinet and head of the Ministry of State.
(3) The Minister of State shall oversee all elections as set forth in this Constitution.
(4) The Minister of State shall maintain a constant Census of citizens of the Kingdom. Every tenth year he shall oversee a Grand Census. The King may call for a Royal Census; the Grand Census and Royal Census shall be the best efforts possible to the Kingdom to accurately count each and every citizen of the Kingdom. The King may not call a Royal Census within 35 months of a previous or planned future Grand census. Further the King may not call a Royal Census within 23 months of a past Royal Census. Otherwise, the King may call a census at will. The Grand Census and Royal Census shall be used to determine the size of the Senate and the Council. All Census and Royal Census information shall be freely available to the King, the courts and the Assembly.
Article 14 The Minister of Justice
(1) The Minister of Justice shall be called the second in precedence.
(2) The Minister of Justice is concerned with the enforcement of Law and the protection of the citizens of Edan from criminal threats and is the head of the Ministry of Justice.
(3) The Minister of Justice shall oversee the activities and procedures of; all law enforcement personnel, departments, and groups; all prisons, prison guards, and other corrections agencies; all Royal search, rescue, relief, and aid agencies. The Minister of Justice shall ensure that all Royal justice officers properly represent and advance the best interests of the Kingdom of Edan in the performance of their duties.
(4) The Minister of Justice and his official records shall be available to the King and the High Tribunal for assistance at all times.
Article 15 The Minister of the Armed Forces
(1) The Minister of the Armed Forces shall be third in precedence within the cabinet.
(2) The Minister of the Armed Forces is concerned with the defense of the Kingdom from outside threats and is the head of the Ministry of the Armed Forces.
(3) The Minister of the Armed Forces shall oversee all Royal military forces; he will ensure that the members of the armed forces conduct themselves in accordance with this Constitution and the Laws of the Kingdom.
Article 16 The Minister of Finance
(1) The Minister of Finance shall be fourth in precedence within the cabinet.
(2) The Minister of Finance is concerned with the economy of the Kingdom, to include banking, taxation, and the coining of money and is the head of the Ministry of Finance.
(2) The Minister of Finance shall oversee the Royal Treasury, the Royal Bank, and all Royal economic endeavors.
(3) The Minister of Finance will work closely with the King to draft a proposed budget for the Assembly.
(4) At such time as the Assembly approves a budget, the Minister of Finance, in consultation with the King and the Minister of State, shall set the taxes for the forthcoming year. The proposed taxes shall be submitted to the King for approval no later than one month after the approval of a new budget. The King may accept, reject, or modify the proposed taxes as he sees fit, but must publicly announce the final tax schedule no later than November 15th of the current year.
(5) The Minister of Finance shall maintain copies of all financial records of the Kingdom. Such records shall be freely available to the King, the First Senator, and the President of the Council.
Article 17 The Minister of Foreign Affairs
(1) The Minister of Foreign Affairs shall be fifth in precedence within the cabinet.
(2) The Minister of Foreign Affairs is concerned with the relationship of the Kingdom of Edan with other States and organizations of States and is the head of the Ministry of Foreign Affairs.
(3) The Minister of Foreign Affairs shall oversee the activities of all ambassadors, consuls, and diplomats. In particular, the Minister of Foreign Affairs will ensure that such Royal officers properly represent and advance the best interests of the Kingdom of Edan in the performance of their duties.
(4) The Minister of Foreign Affairs shall serve as Ambassador-at-Large for the Kingdom, representing Edan at critical negotiations, summits, and treaty signings as determined by the King.
Article 18 The Minister of Information
(1) The Minister of Information shall be sixth in precedence within the cabinet.
(2) The Minister of Information is concerned with maintaining information related to the Kingdom and its activities.
(3) The Minister of Information shall oversee the Royal Library, the Assembly's Library, the Royal Archives, and all Royal media, including telephone, radio, television, and internet communications.
(4) The Minister of Information shall maintain separate copies of the Record of Legislation provided to him by the Secretary of the Council.
(5) The Minister of Information shall monitor all public communications and shall remove all illegal and immoral content prior to release or as soon as is practicable.
Article 19 Royal Advisors
(1) The King may appoint as many as three Royal Advisors to the Cabinet.
(2) Royal Advisors head no Ministry and may not be members of the Judicial branch nor the Assembly.
(3) The King may empower Royal Advisors to act as ambassadors, spokesmen, or as assistants to the various Ministers. Their prime duty, however, is to give their advice to the King.
Article 20 Other Cabinet Positions
(1) Additional Cabinet positions may be created by the King. Such new positions may be disapproved by a two-thirds majority of each of the separate houses of the Assembly. Such disapproval must be made within two weeks of the King's creation of a new position if the announcement is made during a Conclave. If made during a period of recess or during a Null Conclave, the new position must be voted upon during the first week of the next Conclave. Failure to do so shall constitute acceptance by default.
(2) If new Cabinet positions will head ministries, the specific scope and duties of the new Ministerial position must be defined at the time the position is created.
Chapter IV Legislative Power
Article 21 Elections
(1) Elections are to be overseen by the Minister of State; they are to be free, equal, and private. The Minister of State must ensure that, as far as is possible, the procedures and processes of voting do not hinder any citizen with the right to vote from casting a proper and legal ballot and that no person, group, faction, or party is discriminated against in the gathering or counting of legitimate votes.
(2) 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.
(3) 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.
(4) The results of elections shall be determined after no less than 2 full counts of all votes cast. If more than 7 full counts are required the Ministry of Justice shall assist in the determination of vote totals. Results are to be posted openly and publicly.
(5) In the event of equal results in an election the Minister of State is to determine the final winner(s) by means of run off elections between those candidates. If multiple candidates are tied in their results, run off election(s) shall be held concurrently and repeatedly until results are final.
Article 22 The Assembly; the Senate
(1) The legislative power is vested primarily in the Assembly. The Assembly is divided into two houses, the Senate and the Council. The Council is the senior body.
(2) Senators are elected in general elections by all citizens of the nation by means of a single transferable vote proportional representation system, the details of which are determined by the Minister of State. The number of Senators is determined as follows;
(a) If the Kingdom’s total population is below 201 persons, the Senate shall not be formed. All functions and duties of the Senate shall be assumed by the Council or, if that body is less than its minimum size, by the King.
(b) If the Kingdom’s total population is more than 200 persons and less than 501 persons, there shall be 8 Senators.
(c) If the Kingdom’s total population is more than 500 persons and less than 5,001 persons, there shall be 12 Senators.
(d) If the Kingdom’s total population is more than 5,000 persons and less than 80,001 persons there shall be 16 Senators.
(e) If the Kingdom’s total population is above 80,000 persons, there shall be one Senator for every 10,000 persons, rounding down.
(f) In exception to Article 22, item 2 (e) the Senate shall never have more than 120 members.
(g) The level of representation within the Senate may only be changed within the month following a general election and may only be changed based upon official census figures. Such changes will be in effect for the next election.
(3) Senators serve terms of 2 years.
(4) Senators must be citizens of the Kingdom. Senators must be eligible to vote and cannot be Nobles, judges, or lawyers.
(5) Any senator may resign his position by public and written declaration delivered to the First Senator or the King, if the First Senator is unavailable. The position of that senator shall at that time become vacant.
(6) If a senator fails to vote in 3 consecutive Conclaves, their position is at that time made vacant. Further the death or permanent incapacitation of a Senator leaves their position vacant.
(7) Once per term a senator may request a Leave of Absence lasting for up to 2 Conclaves. The Leave of Absence must be granted. The senator is exempt from rules of voting in Article 23, item 6 during that time.
(8) Vacancies within the Senate are to be filled by appointment by the King, pending the next general or special election of the Senate.
(9) Within one week of general elections of the Senate, or the special election of the entire Senate, the Senate shall nominate, by simple majority, one of their number as First Senator. The King then ratifies this nomination; the King is required to ratify this nomination within 2 days; if the King fails to ratify the selection of First Senator within 2 days, the First Senator is ratified by default. If the position of First Senator is vacated for any reason, the Senate shall elect a new First Senator and the King will also ratify him. If the Senate fails to nominate a First Senator within the first week, the King shall call a special Conclave lasting one week during which the only business of the Senate is to elect a First Senator. If the Senate still fails to nominate a First Senator, the King may dissolve the Senate and call for special elections of the entire Senate or he may appoint a First Senator. If a First Senator is appointed by the King, the Council shall approve them in a manner identical to the approval or rejection of a member of the Cabinet.
(10) Decisions of the Senate require a simple majority of the votes cast unless this Constitution provides otherwise.
Article 23 The Assembly; the Council
(1) The Council is composed of the Nobles of the Kingdom. Specifically the holder of a Noble title is eligible for Council membership. If the Noble is under the age of 21 the King shall appoint a family member to represent them in the Council; this appointment will be amongst relatives eligible to vote and closest in proximity of blood who are 21 years old or older. If no such family member is available the King shall appoint a citizen to the council to represent them until the titleholder turns 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 or other designated relative may fulfill their duties with the approval of the King.
(2) Nobles appointed to the Cabinet must appoint a proxy to the Council during their tenure.
(3) The Council shall never consist of more than 12 members. These will be the 12 nobles or their proxies with the highest overall precedence amongst all non-Royal nobles. Only nobles directly enfeofed by the King are eligible to sit in the Council.
(4) If there are less than 7 Nobles of appropriate age within the Kingdom, then the powers of the Council shall pass to the King.
(5) If a Councilor fails to vote in 3 conclaves during one session, they forfeit their ability to vote until the next session of the Assembly. If a member of the Council forfeits their right to vote in Council more than once in a three year period or more than three times in a 10 year period they may be considered derelict in their duties to the Kingdom. Proxies appointed by the King or by a titleholder that are derelict in their duties will not impugn the responsibilities of the noble they represent. Instead, they shall be replaced by a new proxy.
(6) A member of the Council may request a leave of absence each year; the President of the Council (or King, if the President of the Council requests such leave) may decline this request. A Leave of Absence last 2 Conclaves and the member of the Council is exempt from the voting rules of Article 24, item 5 during that time.
(7) That member of the Council with highest precedence as defined by the Royal College of Arms shall assume the duties of President of the Council.
(8) If the member of the Council with highest precedent is below the age of 21, medically incapacitated for more than 6 months without assigning their Council duties to their heir, holding a position within the Cabinet, on Leave of Absence, or engaged in active military service the position of President of the Council shall be awarded in declining order of precedence.
(9) Decisions of the Council require a simple majority of votes cast unless otherwise provided in this Constitution.
Article 24 The First Senator
(1) The First Senator presides over all meetings of the Senate as Chairman of the Senate.
(2) The First Senator appoints a fellow member of the Senate as Secretary of the Senate. The Secretary of the Senate reports all records of the Senate to the Secretary of the Council.
(3) It is the duty of the First Senator to grant his advice to the King on matters of State.
Article 25 The President of the Council
(1) The President of the Council presides over all meetings of the Council as its President and Chairman.
(2) The President of the Council appoints a fellow Councilor as Secretary of the Council. The Secretary of the Council maintains the Record of Legislation.
(3) It is the duty of the President of the Council to advise the King on matters of State.
Article 26 Rights of Members of the Assembly
(1) Members of the Assembly may not be subjected to judicial or civil action for a vote cast or a statement made by them in the Assembly or in any of its committees, excepting only acts of Sedition, Blasphemy, Calumny against the Catholic Church, High Treason, Perfidy, or High Treachery.
(2) Members of the Assembly may not be arrested or detained while physically present at a formal Conclave without the approval of the High Tribunal.
(3) Remuneration for members of the Assembly is to be determined by legislation. If such remuneration exists, it may not be excessive. Any changes made to remuneration may not take effect until after the then-current session of the Senate ends.
Article 27 The Legislative Process
(1) Potential legislation (called Bills) may only be introduced by members of the Assembly or the King.
(2) All members of the Assembly must vote "yes", "no", or "abstain" on every
Bill submitted for consideration.
(3) Votes may be submitted in writing, by phone, or electronically.
(a) the Secretary of State shall devise procedures to prevent voting fraud
(b) the First Senator and President of the Council shall enforce such procedures.
(4) All votes must be submitted to the appropriate Assembly Secretary by the end of the time allotted for voting.
(5) Bills must first be approved by the house of the Assembly into which they are introduced. Bills submitted by the King are introduced into the Council. If approved, they are sent to the other house of the Assembly. Bills defeated in the second house may be resubmitted one time during the then-current Conclave.
(6) Bills approved by the second house are sent to the King. The King may ratify or reject the Bill in whole or in part. The portions ratified are entered into the Record of Legislation as Law. If the King rejects portions of a bill, it may only be by designated sections.
(7) If the Bill, or portions of it, is rejected by the King it is returned to the originating house along with a written record of the King's objections to the Bill. If it is re-approved by three-fourths of each house of the Assembly in the same manner as a new Bill, it is ratified by the actions of the Assembly, entered into the Record of Legislation, and made Law over the King's rejection. Any Laws that violate this Constitution are void and null.
(8) In exception to the above, legislation amending this Constitution requires four-fifths of the votes cast in each house of the Assembly. The King must accept or reject proposed Constitutional Amendments as a whole. Constitutional Amendments cannot be made Law over the King's rejection. Such Constitutional Amendments further require a two-thirds majority of the popular vote in a Constitutional Referendum. All such amendments are then attached to this Constitution.
(a) Only Articles 12 through 30 may be removed or modified
(b) Amendments may not remove the rights listed within the Statement of Rights
(c) Amendments may not cease the Kingdom from being a monarchy nor may they remove the King’s powers
(d) Amendments may not remove Catholicism from its status as the National Church
(9) Laws must specify their effective date and cannot be ex post facto.
(10) Bills introduced for non-legislative purposes, such as recommendations to the King or the return of the right to vote in specific cases, are referred to as Acts of the Assembly.
Article 28 Expenditures
(1) In exception to the above, Bills concerning expenditures, Assembly remuneration, and the Budget may only be introduced by members of the Senate or by the King. The King’s proposed Budget must be the first bill introduced in the Senate during the first conclave of the year once a First Senator is named, must be voted on as soon as possible and all votes must be complete within the first conclave. If not voted against by a three-fourths majority of the Senate, the King’s budget is accepted. Once approved, it will be forwarded to the Council, which must also vote on the Budget immediately. If the Council rejects the proposed Budget by a three-fourths majority, they must provide public and written objections and suggestions for improvement. After the rejection of the King’s budget Senators and the King may introduce other proposals for a budget. These later proposals are voted for by simple majority of both the Senate and the Council. The Senate shall conduct no other business until a new budget is forwarded to the Council.
(2) The budget shall be made for the following year and shall be based upon existing fungible liquid assets. Debt instruments, loans, income projections, and other speculative or debt-based funds cannot be used for budget creation. No budget can create or project a deficit. Budgets cannot include unfunded mandates or laws that would require citizens, nobles, agencies, jurisdictions, or other entities to provide funds, excepting usage fees.
(3) Long-term budget items may be proposed as separate legislation, but any expenditure allocated for more than a 1-year period requires separate approval by a 2/3 majority of both houses of the Assembly. No expenditure may be allocated for more than 6 years. No expenditure may be of limited but indefinite period over the rejection of the King.
(4) Any existing debt, such as that accrued during a State of Emergency, shall be paid in such a way that the principle is reduced each year.
(5) At such time as a Budget is approved by the Senate but rejected by the
Council or King twice consecutively the First Senator shall convene a special Conclave of the entire Assembly. Such a special Conclave lasts one week. During this Special Conclave the Budget shall be reviewed and voted upon by the Assembly as a whole. If it is approved by a simple majority of the Assembly as a whole, it is sent to the King for ratification. If it is rejected, a second special Conclave shall be called, as above. If this process fails to produce a Budget a second time, the King shall call for the Dissolution of the Senate.
Article 29 Sessions and Conclaves
(1) A session of the Assembly shall last from March 8th until October 31st.
(2) On March 8th the President of the Council shall call a Conclave; each such Conclave shall consist of an eight-week period during which the work of the Assembly is performed.
(3) At the end of a Conclave there is a two-week recess. On the first day of the third week the President of the Council shall call the next Conclave.
(4) Once per session the First Senator may request that the King grant a Null Conclave; such a Conclave is an eight-week period of extended recess between standard recesses. The King may accept or refuse such a request at his discretion.
(5) The Grand Conclave shall be held each year on the 15th of November.
(a) The Cabinet, the High Tribunal, and the King shall attend the Grand Conclave in addition to the Assembly.
(b) The only business of the Grand Conclave shall be the publishing of the next year’s tax schedule and the Royal Address, where the King declares the state of the Kingdom and addresses the citizens concerning the upcoming year.
Article 30 Votes of Confidence
(1) A Vote of Confidence is a vote cast by the members of the Senate demonstrating their confidence in the existing government. If such a vote fails to pass by a simple majority of the Senate, the King may dissolve the Senate by Royal Decree issued within 2 days of the failed vote.
(2) The King may call for a Vote of Confidence once per session. This request may be made at any time during any normal or Special Conclave.
(3) If the Senate is Dissolved, the King shall direct the Minister of State to hold special elections for the dissolved house as detailed in this Constitution. Announcements of such special elections must be made no more than four days after the Royal Decree of Dissolution is issued.
Article 31 Treaties
(1) The King retains the sole right to sign treaties with other States and organizations of States.
(2) The Assembly must ratify any treaty signed by the King. If 2/3 of each of the houses of the Assembly votes against such a treaty, it is nullified.
(3) If the Assembly fails to ratify or decline a treaty within two conclaves of the King's signature, it is ratified by default.
(4) Any treaty that, in whole or in part, violates this Constitution shall be null and void.
Article 32 State of Emergency
(1) In situations of grave and immediate threat to the existence of the
Kingdom, the King, as both the head of state and commander of the armed forces, may declare a State of Emergency.
(2) During a State of Emergency all powers of the Kingdom; executive, legislative, and judicial; are returned to the person of the King. The King may use Royal Decrees to promulgate Laws, issue legal judgments, and suspend all personal rights save the Right to Life. The King may operate at a budget deficit during a state of emergency.
(3) As soon as possible after such a declaration the Assembly shall vote to ratify the State of Emergency. This ratification requires a simple majority of each house of the Assembly. A State of Emergency exists until such ratification fails.
(4) The First Senator or the President of the Council may call for a vote of Emergency Powers at any time. If this vote is approved by both houses of the Assembly a State of Emergency exists.
(5) A State of Emergency shall last no more than six months, although the King or Assembly may declare another immediately as in Article 32, items 1 through 3.
(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 days beyond the end of emergency powers. Legal judgments and those powers normally retained by the King remain in full force and do not require ratification.
Chapter V Judicial Power
Article 33 The Courts
(1) Judicial power is a function of the King’s sovereignty and, therefore, is part of executive power. Judicial power is to be applied justly and fairly.
(2) Judges are appointed by the King or his Nobles. Their time in office is determined by the King, the appointing Noble, by the terms of this Constitution, or by legislation. Any judicial tenure must be reasonable and uniform.
Article 34 The High Tribunal
(1) The High Tribunal is the highest court of the Kingdom and decides issues that cannot be resolved by lower courts. In particular, the High Tribunal has jurisdiction over cases on appeal from Royal Courts as the High Tribunal deems necessary to review.
(2) Cases before the High Tribunal are never heard before a jury; all decisions are solely the decisions of the members of the High Tribunal. This does not change the requirement for open hearings and sentences, nor does it limit the King’s power of High Justice.
(3) The High Tribunal consists of three members. Members of the High Tribunal must be citizens retaining the right to vote and cannot hold any other position within the government of the Kingdom or its Provinces while serving as a member of the High Tribunal. They further may hold no other office for one full year after leaving the High Tribunal.
(4) Members of the High Tribunal are appointed for a period of 10 years.
(5) The senior judge of the High Tribunal shall be appointed the High Judge by the King; the High Judge shall preside at all meetings of the High Tribunal as its President and Chairman.
(6) In the event that two or more members of the High Tribunal are equal in seniority, the King shall appoint one of them High Judge at his pleasure.
(7) A session of the High Tribunal shall last each year from the first Monday in the month of February until the first Friday in the month of November. The High Tribunal shall conduct its business during its sessions.
(8) The period between sessions is to be used to review the decisions of the Royal Courts for the year and to examine potential future cases before the High Tribunal.
(9) The High Judge may declare two periods of recess per session. Such periods of recess shall last one month and must be separated by no less than 2 months.
(10) A member of the High Tribunal may resign his position by a public and written declaration delivered to the King or to the First Senator if the King is unavailable.
(11) The King may remove a member of the High Tribunal for High Treason, Perfidy, Bribery, or any other felony conviction.
(12) A member of the High Tribunal may also be removed by the King for dereliction of duty, malfeasance, or incompetence. A 2/3 vote of each house of the Assembly may prevent removal of a member of the High Tribunal for these reasons.
(13) The King alone has the right of High Justice, which allows him to amend, modify, reduce, or nullify a ruling of any court, including the High Tribunal, or to pardon persons condemned by any court, including the High Tribunal. High Justice does not permit the King to affect his own removal from the throne due to a ruling of medical incompetence.
(14) The High Tribunal cannot remove the King from the throne except in accordance with this constitution, nor may the High Tribunal nullify or reduce any element of the King’s powers.
Article 35 Royal Courts
(1) The courts which administer Crown Justice, called the Royal Courts, are created by Royal Decree.
(2) Royal courts have supreme jurisdiction over matters assigned to them by Royal Decree.
(3) Separate Royal courts shall be established for private law, penal law, and general public law. They shall consist of Royal Courts, Appellate Courts, and Review Courts for each branch of the Royal Courts.
(4) Any plaintiff or defendant may appeal a ruling of the Royal Courts to the Appellate Courts. If the Appellate Court overturns the decision of the Domain Court the loser may appeal to the Review Courts. Rulings of the Appellate and Review Courts may be appealed to the High Tribunal; the High tribunal may accept or reject appeals at their discretion. The King is also free to review the decisions of the Royal Courts at his pleasure.
(5) The High Tribunal decides by extraordinary review in cases of inconsistent application of the law by different Royal courts.
(7) The King must remove Judges of Royal Courts for Treason, Perfidy, Murder, Bribery, or felony conviction.
Article 36 Noble Courts
(1) The Lower Courts, or Noble Courts, are created by Noble Decree by the authority of the privileges granted to certain nobles by the King.
(2) Noble Courts are established by Nobles as directed by Edicts of Enfeofment. Such courts must meet within the territory of their establishing noble. If the noble has no established territory, the court must convene in a space accessible to the citizens for whom the noble is responsible. Noble Courts must meet regularly during times accessible to the citizens of the fiefdom without undue interference with labor or worship and must allot sufficient time for the proper discharge of justice.
(3) The authorizing noble shall preside at their own Noble Court. A qualified representative, as determined by Royal standards, may be appointed by the noble as Judge to preside over and judge each case. The authorizing noble is in all ways responsible for the conduct of his own courts and judges.
(4) Noble Courts have primary jurisdiction over common law, family law, misdemeanors, real estate, property disputes, and all other legal matters not specifically limited to higher courts.
(5) Persons judged by Noble Courts may appeal to the Noble Court of the liege lord of the authorizing noble of their primary trial, if such exists. Such appeals may then proceed to the Royal Courts.
(6) Authorizing nobles have the right of Low Justice over their own courts, allowing them to modify or nullify the verdict of the judges they appoint. The exercise of Low Justice may be appealed as detailed in Article 36, item 5.
Chapter VI The Statement of Rights
Article 37 Basic Rights
(1) The Kingdom acknowledges that all citizens are equal in their basic rights and that such rights are inalienable.
(2) The Kingdom and its government shall guarantee its citizens the rights set forth in this Constitution subject only to the limits defined by legislation necessary in a free and just Kingdom.
Article 38 The Right to Life
(1) The most fundamental of all rights is the Right to Life.
(2) The Kingdom shall make no laws that invoke the penalty of death for Edanian citizens.
(3) The Kingdom shall make no laws that invoke the penalty of death for people less than 18 years of age.
(4) No person may assist another in voluntarily ending his or her own life.
(5) In the instance of brain death, as determined by three independent competent medical authorities, a person's life may be ended in the following cases;
(a) The person has a written and legally binding will or living will specifically requesting the cessation of artificial life support in case of brain death.
(b) The person's next of kin explicitly requests, in writing, that the person be removed from artificial life support.
(c) In the absence of either a will or a next of kin, the appropriate Noble Court shall appoint a competent person and a Catholic Priest to be the citizen's ward. Within three months of their appointment these wards shall determine, to the best of their ability, if the citizen in question would request removal from artificial life support. This determination will be presented, in writing, to the court of appointment. The court of appointment shall then act upon this decision in a timely manner.
(6) All such termination of artificial life support shall be administered by appropriate medical personnel with full concern for the person’s dignity.
(7) In the absence of a medically determined state of brain death all forms of euthanasia are forbidden.
(8) For purposes of the law life begins at the time of conception. Therefore, abortion is prohibited.
Article 39 The Right to Freedom
(1) The Right to Freedom is considered to be of particular importance to the Kingdom, government, and citizens of the Kingdom of Edan.
(2) The Kingdom shall make no laws that limit the freedom of a citizen's thought, belief, or religion except where the practice of such beliefs or religion can be demonstrated to endanger others or deprive others of their basic rights. In such cases the practice of such beliefs or religion shall be limited, not the holding of them.
(3) While the official religion of the Kingdom is Catholicism all citizens have equal basic rights in the eyes of the law. Certain positions in the Kingdom may require that their holders must be Catholic, but this shall be restricted to members of the Royal Family, specific Noble houses as determined by Edict of Enfeofment, Royal Chaplains and other similar positions.
(4) The Kingdom shall make no law that limits the freedom of citizens’ speech, except in the case of public order, public morality, sedition, treason, blasphemy, or calumny against the Catholic Church. A person who exercises their freedom of speech is also responsible for the abuse of that right to commit libel, slander and other crimes. Freedom of speech does not guarantee access to media or other tools that will allow a citizen to be heard by others.
(5) The Kingdom shall make no laws preventing the peaceful assembly of citizens in public or private, except where such assembly interferes with normal commercial activity or is inherently dangerous to those assembling or to others. Further, groups advocating sedition, treason, perfidy, murder, or blasphemy are not protected from legal consequences for their statements and actions. No public assembly under arms may be considered peaceful.
(6) The Kingdom shall make no laws limiting the right of citizens to organize into associations or political parties, except where; said organizations or political parties use, threaten the use of, or advocate violence against the citizens, nobility, government, or other members or entities of the Kingdom; or where such groups deprive or attempt to deprive other citizens of their basic rights. Further, groups which advocate or commit acts of treason, sedition, perfidy, blasphemy, or calumny against the Catholic Church are not protected.
(7) No citizen may be arrested without a warrant issued by a Noble or a judge except in cases of direct observance of a crime by an agent of the Crown or Nobility. A warrant shall not be issued without probable cause. All warrants must name the place(s) to be searched and the item(s) or person(s) to be seized.
(8) Slavery is forbidden within the Kingdom of Edan, its territories, protectorates, and any other realms controlled by the Kingdom.
(9) No person may be held without being charged with a crime except in times of declared emergency. Such detention cannot continue beyond the end of the State of Emergency without criminal charges.
(10) Parents have the right and responsibility to determine the course of education for their children. The kingdom shall not limit the rights of parents to educate their own children regardless of the limits of their means and circumstances. The kingdom cannot make public education compulsory.
Article 40 The Right to Dignity
(1) Each and every person has the right to dignity and just treatment. While the Kingdom and its officers cannot provide dignity, the citizens of Edan are equal in the law regardless of income, position, education, religion, origin, or status.
(2) Torture is forbidden.
(3) Cruel and unusual punishments shall not be inflicted, nor excessive fines imposed.
(4) The Kingdom and the Law shall respect the privacy of each citizen to as great an extent as is possible while still ensuring the safety and security of all citizens. The privacy of an individual, family, group, or any other entity cannot shield them from the investigation of a crime or potential crime. Further, considerations of privacy do not prevent the Kingdom from establishing and enforcing statutes and laws concerning public order, morals, public safety, familial structure, personal morals, and family morals.
(5) Personal property may not be taken without due compensation, except where such confiscation is imposed as a fine by the courts. Such fines may not be excessive. The forfeiture of lands, properties, titles, etc. due to a revocation of an Edit of Enfeofment shall never be considered excessive.
(6) All persons accused of a crime shall be presumed innocent until proven guilty. The accused must be informed of the accusation. No person shall be forced to testify against him or herself. The accused have the right to confront their accuser(s). No person may be forced to testify against their spouse. Evidence gained in a manner contrary to the laws of the Kingdom shall be inadmissible in court.
(7) Forced labor is forbidden, except as part of a punishment imposed by the courts. Such punitive labor may not be cruel or unusual in its nature or performance.
(8) The Kingdom shall make no laws that discriminate against persons based upon their race.
(9) All accused persons shall receive a trial in a timely manner. All trials will be public unless the courts deem that a public trial will be harmful to defendants, litigants, the Crown, or those who testify. The accused may request a trial by jury; the courts, except the High Tribunal, must honor such a request.
Chapter VII Crimes Against the Kingdom
Article 41 High Crimes
(1) Certain crimes so affect the structure of the Kingdom that they are termed High Crimes. All High Crimes are felonies. The Royal Courts will try those accused of these crimes.
(2) High Treason is an attempt by a citizen or citizens to overthrow the government of the Kingdom by overt or covert acts, or to kill or injure the King or the Royal Family.
(3) Sedition is the incitement of resistance to or insurrection against the King or the government of the Kingdom. The advocacy of violence against the Royal Family shall also be punished as Sedition.
(4) Perfidy is the intentional breaking of any Oath of Fealty, or falsely entering into such an Oath, by the oath-taker of lower precedence. High Treachery is the same crime committed by a Noble toward a lower-precedence oath-taker.
(5) Blasphemy is any public act, public utterance, or public writing against God with the purpose of dishonoring the Divine Majesty. For the purposes of the law, Blasphemy shall also include sacrilege (the theft, destruction, profanation, or misuse of any holy relic, piece of a sacramental and sanctified altar service, or the holy Eucharist). The mere use of profanity is not the High Crime of Blasphemy in and of itself.
(6) Calumny against the Catholic Church is any public act, public utterance or public writing that is disparaging toward or promotes hatred or contempt of the Catholic Church, the Catholic Saints, the Catholic bible, or Catholic dogma.
(7) Those found guilty of a High Crime may appeal to the King.
(8) People guilty of High Treason, Sedition, Perfidy, or High Treachery may not hold any position within the government of the Kingdom and lose the right to vote. Nobles found guilty of such crimes may be stripped of all titles and lands. The right to vote may be returned after a period of 10 years by an Act of the Assembly, but this is not required. Additional penalties may be imposed by the courts.
(9) People guilty of Blasphemy or Calumny against the Catholic Church may never hold a place in the judiciary and are barred from the Assembly for 5 years. Further, they lose the right to vote for 5 years. Nobles may be stripped of all lands and titles. Additional penalties may be imposed by the High Tribunal.
Chapter IIX Laws
Article 42 Social Law
(1) A citizen’s gender is determined genetically as male or female and is immutable.
(a) In cases of chromosomal syndromes that make such determination difficult a group consisting of an independent medical expert, a Catholic priest and the person’s parents shall make a determination of gender. If the person’s parents are deceased, unavailable, or unwilling to aid in the determination the appropriate Noble will appoint a ward. After review of medical records and an interview with the person all members of the board will present their opinion by secret ballot (parents or wards shall have a single vote).
(b) If the appointed group cannot reach a consensus, the person shall be considered female for purposes of the law
(2) Marriage is defined as being between one man and one woman.
(a) All marriage must be contractual and licensed; ‘common law’ marriage is not permitted
(b)Divorce must be ‘at fault’ and marriages may only be dissolved by the courts after the determination of fault.
Article 43 Privileges of the Catholic Church
(1) No Catholic priest, nun, monk, or other religious person shall be liable for tax on their income from ecclesial sources.
(2) No Catholic church, shrine, basilica, cathedral, rectory, convent, monastery, or other building used for religious services or to house religious members shall be subject to a property tax. This will include such ancillary buildings as are needed for the proper function of the main building (for example; tool sheds, administrative office buildings, and parish halls) and the grounds on which they are kept.
(3) Charitable contributions to Catholic institutions are not subject to tax. This includes income derived from fund-raising commercial activities as long as the net profit is given to the Catholic institution.
Given by our hand on this 31st day of March, Anno Domini 2009
Richard, by grace of God King of Edan and Defender of the People
Preamble
In furtherance of the desire of all people to be free, to gather together, and to determine their own destiny, His Royal Majesty Richard has created this constitution for the Kingdom of Edan to protect its citizens and their rights in humble acknowledgement of God who is the source of all justice, all freedom, and all good.
Chapter I The Kingdom of Edan
Article 1 Citizenry and Language
(1) Citizens of the Kingdom of Edan are all people granted citizenship as detailed by this constitution or children who are either;
(a) Under the age of 18 at the time of the naturalization of their parent(s).
(b) Born after the naturalization of their parent(s).
(2) All citizens must take an oath of fealty at the time of naturalization or within a period of time following their 18th birthday as defined in this constitution. Failure to do so may result in penalties up to the loss of citizenship.
(3) The official languages of the Kingdom of Edan are American English and Ecclesial Latin.
(4) The full name of the State of Edan is "The Kingdom of Edan". The short form of the State's name is "Edan". The three-letter abbreviation is KED. Citizens are referred to as "Edanians".
Article 2 Nature of the Kingdom of Edan
(1) The Kingdom of Edan is a sovereign, Catholic, constitutional monarchy.
(2) This Constitution, as ratified by the King as an instrument of his sovereignty and authority, is the ultimate law of the Kingdom.
Article 3 Royal and National Heraldry, National Symbols, and National Capitol
(1) The flag of the Kingdom of Edan is an ensign with a ratio of 3:5; the field shall be black with a vertical stripe of gold of one-tenth the width of the ensign placed one-tenth of the width of the ensign from the outer, or fly, end. Between this stripe and the outer, or fly, end shall be placed seven evenly spaced Maltese crosses in a vertical column. The crosses shall each be gold and shall have a height and width of one-eighth the height of the flag.
(2) The coat of arms and seal of the Kingdom of Edan is a black shield with a large Maltese cross of gold centered. Below shall be the national motto.
(3) The national motto is "Our path is Freedom, our shield is Truth, our sword is Justice".
(4) The royal coat of arms and seal shall be a black shield with a large Jerusalem cross of gold, centered. Below shall be the motto of the Royal Family.
(5) The motto of the Royal Family is “Magna est Veritas et Praevalet”.
(6) The national anthem of the Kingdom of Edan is “Mars: the Bringer of War” from the Planets Suite by Gustav Holst.
(5) The capitol of the Kingdom of Edan is to be determined by legislation.
Until such time, it shall be the Royal Palace of the Sovereign.
Chapter II Objectives of the Kingdom of Edan
Article 4 General Constitutional Objectives
(1) The Kingdom holds as inherent and inalienable the rights of its people to life, freedom, dignity, and justice.
(2) The Kingdom promotes:
(a) The rights of its citizens as individuals and as a Kingdom.
(b) The welfare, health, and safety of its citizenry.
(c) The cultural identity of Edanian citizens and the Kingdom.
(d) The development and preservation of a unique Edanian culture.
(e) The creation and maintenance of the Kingdom of Edan as a community
Article 5 Defense of the Kingdom
(1) It is the duty and obligation of the Kingdom to protect its citizens.
(2) The Kingdom takes adequate measures to preserve its integrity and the safety of its citizens even in times of war or civil war.
(3) The Kingdom protects its citizenry and its own integrity against violence and catastrophe.
Chapter III Organization of the Kingdom
Part I General Organization
Article 6 Citizens
(1) Citizens are the life of the Kingdom. Native and naturalized citizens are equal in the eyes of the Kingdom. To be a citizen a person must;
(a) Be 18 years of age or older and have sworn a valid oath of fealty to the King. A person must be of sound mind to swear an oath of fealty.
(b) Be 17 years of age or younger or be incapable of swearing a valid oath of fealty and be the child or legal ward of a citizen or noble.
(2) Citizens cannot be involuntarily deprived of their citizenship except as defined by this constitution. Citizens wishing to relinquish their citizenship may do so by delivering a written, public, signed letter of repudiation of citizenship to the Ministry of State, the Ministry of Foreign Affairs, the Royal Household, any ambassador, consul, or official diplomat, or any member of the royal family.
(a) Any repudiation of citizenship must state that the citizen knowingly and willingly requests a full and permanent removal of their citizenship in the Kingdom of Edan.
(b) As a repudiation of citizenship is the breaking of an oath of fealty individuals that do so are barred from ever re-applying for citizenship in the Kingdom. Nor may they be employed by or for the government of the Kingdom or its agencies.
(c) Repudiation of citizenship cannot be used to avoid prosecution or civil suit.
(3) Refusal to swear the oath of fealty as described in this constitution shall be considered to be a willful refusal of citizenship. Upon turning 18 years old a citizen has 6 months to either swear the oath of fealty or be declared mentally incompetent. If either condition is not met, that person relinquishes their citizenship, but is free to apply for citizenship after the age of 25.
(4) The right to vote is not universal. In order to have the ability to vote a person must;
(a) Be a citizen of Edan as defined in Article 6 section 1 of this Constitution
(b) Be mentally competent
(c) Be male
(d) Be at least 18 years old
(e) Not be barred from voting due to penalties imposed by the courts for a specific conviction
(f) Have valid census information on file with the Ministry of State no more than 5 years old
(g) Have met the minimum education standards of the Kingdom as demonstrated by formal test. These standards are;
(a) For purposes of reading, the minimum voting standard is the ability to understand similes and metaphors and the ability to identify the plot of a four-paragraph narrative in a written document
(b) For purposes of writing, the minimum voting standard is the ability to write a grammatically-correct two- to four- paragraph narrative of a situation described by a tester.
(c) For purposes of math, the minimum voting standard is the ability to; add, subtract, multiply, and divide two 3-digit numbers; understand percentages; calculate compound interest; read a chart; read a graph; make change; and tell time
Article 7 Organizational Principles
(1) The powers and rights of the Edanian government are expressions of the King’s sovereignty. Executive and legislative powers cannot be separated in the person of the King or in the institution of the Kingdom. Judicial powers are considered part of executive powers. This constitution establishes checks and limits to the King’s powers to ensure just and moral government in the interests of the Edanian people.
Article 8 Powers of the Kingdom
(1) The Kingdom reserves for itself exclusive jurisdiction over the following subjects:
(a) Defense of the nation. No person may raise or maintain armies, militias, armed vessels, or private military forces except as formally authorized by Edicts of Enfeofment or as a duly-appointed Royal Governor with direct authorization by the King. All armed forces, navies, armed vessels, or militias are under the authority of the King.
(b) Foreign relations. No private citizen, senator, councilor, noble, or other citizen of Edan may engage in diplomacy with foreign states without being formally charged as an ambassador by the King or the Minister of Foreign Affairs.
(c) Economic regulations including banking, securities, stocks, bonds, commodities, and other financial instruments, markets, or institutions.
(d) Infrastructure, utilities, and traffic including canals, roads, thoroughfares, rivers, streams, lakes, public computer networks, electricity distribution, gas distribution, and all similar systems.
(e) Taxation, to include levies, tariffs, and duties.
(f) Private, criminal, and procedural law.
(g) Educational and technical training standards.
(h) Weights and measures.
(i) The coining, printing or other creation of money, as well as the establishment of its value.
(j) The establishment of professional standards, the licensing of professionals, and the enforcement of such standards.
(k) The regulation and registration of patents, copyrights, and trademarks and the enforcement of such standards.
(l) The regulation of waterways, seaways, airspace, and related transportation controls.
(m) The use of the electromagnetic spectrum for communications, other media, or any form of commercial or non-commercial use.
(n) The definition of marriage, contract law, corporate nature and structure, the definition of public morals, private moral behavior, and other such matters of family and social morality.
(o) All other matters which, by their nature or because of their relations to above listed subjects require royal control.
(2) The Kingdom may grant its sovereign powers to international or supranational bodies, including systems of mutual collective security and trade organizations, as long as it retains the right to withdraw from such organizations at will, may rescind its rights fully unto itself at any time, is assured an adequate level of representation in those bodies and those bodies guarantee sufficient legal protection for the citizens of the Kingdom. If membership or participation in such a body requires the violation of the rights enumerated in this constitution the Kingdom shall not join or participate in such a group.
(3) As agents of the Crown, Nobles are given special powers to legislate, police, and enforce these powers. Failure to fulfill these duties can be grounds for negligence.
Part II Representation of the Kingdom
Article 9 The Sovereign
(1) As the source of the Kingdom and its sovereignty, the Sovereign is the embodiment of the Kingdom and its citizens as well as the head of government, the head of state and the chief executive. Within the constitution the term 'king' shall apply to the Sovereign regardless of the actual gender of the Sovereign.
(2) The full title of the King shall be "His Royal Majesty, (name), King of
Edan, Defender of the People". The short title shall be "His Royal Majesty, (name)". If the sovereign is female, the word "her" shall replace "his" and "queen" shall replace "king".
(3) The King has the right to review and approve or disapprove legislation, the right of High Justice, and the sole right to conduct foreign affairs and all other representative functions of the State.
(4) The King ascends to the throne of the Kingdom of Edan upon the death, abdication, excommunication, or removal of the previous sovereign.
(5) The Heir Designate is chosen in accord with the rules of primogeniture. If no living male descendent exists or if all living male descendents are ineligible, the King may select another Heir Designate according to agnatic-cognatic inheritance based upon the bloodlines of the then-reigning King. If no such relative exists or if all such relative are ineligible, the King may select a female heir following the same process. If there is still no eligible heir, the King may select an heir via proximity of blood, males first and then females. If no eligible relative exists within 7 degrees of relationship, the King may appoint a Duke, Count, Earl or one of their descendents as the Heir Designate. The Heir Designate shall assume the throne pursuant to Part II, Article 9, Item 2, above. The Heir Designate shall be styled His Royal Highness, the Crown Prince or Her Royal Highness, the Crown Princess. In exception, spouses shall retain their existing title(s).
(6) The Heir Designate must be a practicing Catholic in communion with Rome.
(7) The Kingdom of Edan is inherited as a fideicommissum, although the granting of territory, land, or other assets as fiefdoms is permitted.
(8) Unless specifically altered in the Edict of Enfeofment, all noble titles, lands, properties, etc. shall also be bound by the inheritance laws described in Article 10, items 5 through 7 with the following exceptions
(a) There is no requirement for a noble or his heirs to be Catholic unless such a requirement was included in the Edict of Enfeofment.
(b) If there are no eligible relatives via proximity of blood all inheritance shall revert to the King or superior liege lord.
(9) If the Heir Designate is under the age of 18 a Regent shall be appointed by the King. If the King dies or is removed from office without designating a regent, or if the regent dies or is convicted of a felony before the majority of the heir, the living spouse of the former King shall be made Regent unless a three-fourths majority of the Senate and the Council, voting separately, rejects them as Regent. If this occurs, a Regent shall be appointed by a three-fourths majority of each of the houses of the Assembly and may hold no other office. The Regent shall exercise all powers of the King, excepting the designation of heirs, until the majority of the King.
(10) The Regent must be a practicing Catholic in Communion with Rome.
(11) If the King is found by three independent medical experts to be permanently incapable of fulfilling his duties the Assembly may vote to remove him from the throne by a three-fourth majority of the General Assembly. If this occurs, the Heir Designate shall immediately assume the throne.
(12) If the King is temporarily incapacitated his duties will be fulfilled by the Royal Spouse and the Heir Designate.
(13) 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.
(14) 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.
(15) The King may announce his abdication by Royal Decree. Such a Decree of Abdication must name the Heir Designate and Regent, if required.
Part III Executive Power
Article 10 The King
(1) The executive powers and privileges, including judicial powers, of the Kingdom are solely the King’s, although some of those powers and privileges are partially extended to others.
(2) The King may delegate some of his powers to subordinates, providing;
(a) No power, right, or ability of the King may be permanently granted to any individual, office, ministry, or group,
(b) the King may rescind any such rights to himself at any time,
(c) the King shall always have the responsibility of oversight of the exercise of his delegated powers,
(d) the powers of High Justice, Supreme Commander of the Armed Forces, designation of heirs, and dissolution of the Assembly are solely the King's and may never be delegated.
(3) The King appoints national Ministers, subject to the approval of the Assembly, and may dismiss them freely.
(4) The King appoints all ambassadors and may dismiss them freely.
(5) The King appoints all royal judges and may dismiss them as detailed in this Constitution.
(6) The King appoints all Governors, subject to approval of the Assembly, and may dismiss them freely.
(7) The King has the right to designate national holidays, days of mourning, and days of reflection.
(8) The King has the right to create and promulgate Orders of Knighthood, excepting that the charters of such Orders and titles shall not infringe upon the constitution or the laws of the Kingdom.
(9) The King has the right to issue letters of patent to businesses, guilds, cooperatives, and similar ventures.
(9) The King is Supreme Commander of the Armed Forces.
(10) The King retains the sole right to dissolve the Assembly, in whole or in its separate houses. This right may only be exercised in accordance with this Constitution.
(11) The King has the right to issue Noble titles, lands, property, and monies as he sees fit.
(12) The King may issues letters of marque and reprisal
(13) The King exercises his rights through Royal Decrees, Letters Patent, and Edicts of Enfeofment. As instruments of the sovereign power of the King these instruments have the force of law.
Article 11 The Nobility
(1) The Nobility of the Kingdom of Edan consists of those citizens granted a noble title by the King or by a noble with the Right of Enfeofment. The King grants titles of nobility at will. Nobles granted the Right of Enfeofment may exercise that right as defined in their own Edict of Enfeofment, subject to the approval of the King and their own liege, as appropriate. Members of the Nobility are officers of the government and are granted special rights by law.
(2) Titles, precedent, Rights of Enfeofment, and inheritability are established by the King via the Edict of Enfeofment which creates a new noble. If a lesser Noble is enfeofed by a Noble other than the king, these terms shall be limited as per the King’s original Edict of Enfeofment and any sub-liege’s own strictures.
(3) The Royal Family is, by definition, first in precedence and honors.
(4) 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.
(a) A Noble facing the removal of titles for moral turpitude or negligence can appeal to the Senate and the local Catholic bishop. If both the Bishop and a 3/4ths majority of the Senate vote against the loss of titles the noble may retain his titles and positions.
(b) The stripping of titles shall also include the forfeiture of all grants of money,
stipends, income, property, or land granted as part of either titles or duties.
(c) All titles, lands, incomes, stipends, property, or other goods, honors, and titles, shall revert to the King or to the liege lord who granted the title(s) and position(s). The responsibilities of the lands and peoples of the former noble shall also revert to the King or other grantor of title(s) and position(s).
(5) Nobles are responsible for the safety of their particular subjects. It is the duty of a noble to provide adequate law enforcement, public safety, judicial, and civic resources for their subjects within the limits of their power, capabilities and resources.
(6) Nobles are responsible for the enforcement of the King’s laws and must provide all possible assistance to agents of the Crown.
Article 12 The Cabinet
(1) The members of the Cabinet aid the King in his exercise of executive power. They also advise the King on matters of State.
(2) The First Senator, President of the Council and the judges of the High Tribunal may not also be members of the Cabinet.
(3) Members of the Cabinet must be citizens.
(4) The King nominates members of the Cabinet to the First Senator. All such nominees are confirmed unless a two-thirds majority of each of the separate houses of the Assembly votes to reject them. The same person may only be nominated twice in a row. If a nominee is rejected twice in a row, they cannot be nominated again until 3 other persons have also been rejected for the position or until another person has fulfilled the duties of the nominated position for a period of not less than six months.
(5) Approval or rejection must be made by the Senate within one week of the King's nomination if the nomination is made during a Conclave. If made during a period of recess or during a Null Conclave, the nomination must be voted upon during the first week of the next Conclave. Failure to do so shall constitute acceptance by default. If this occurs or if the nomination is approved the nomination is forwarded to the Council by the King.
(6) The Council must approve or reject a Cabinet nominee within one week of receiving the nomination from the Senate. If made during a period of recess or during a Null Conclave, the nomination must be voted upon during the first week of the next Conclave. Failure to do so shall constitute acceptance by default. If this occurs or if the nomination is approved the nominee shall assume the duties of the nominated position immediately.
(7) It is the duty of the members of the Cabinet to grant their advice to the King on matters of State.
(8) Members of the Cabinet may resign their positions at will by a public and written declaration delivered to the King or the First Senator if the King is unavailable. The Cabinet position will be vacant immediately upon receipt of such a declaration.
(9) The King may remove members of the Cabinet at will and need not have cause or approval. The First Senator or President of the Council may request that the King present a written explanation of such a removal; the King is not obliged to do so. If the King does submit a written explanation, he may demand that it be kept private and unpublished.
(10) Cabinet members found guilty of Treason, Perfidy, Bribery, or non-involuntary Murder must be removed by the King. Such a reason may not be kept private and unpublished.
(11) If a Ministerial position becomes vacant the King retains all of the rights and privileges of the position himself until a new member of the Cabinet is confirmed.
Article 13 The Minister of State
(1) The Minister of State shall have the highest precedence within the cabinet.
(2) The Minister of State is concerned with the internal affairs of the Kingdom to include; transportation, infrastructure, utilities, education, labor, housing, social welfare, and the environment. He is the senior member of the Cabinet and head of the Ministry of State.
(3) The Minister of State shall oversee all elections as set forth in this Constitution.
(4) The Minister of State shall maintain a constant Census of citizens of the Kingdom. Every tenth year he shall oversee a Grand Census. The King may call for a Royal Census; the Grand Census and Royal Census shall be the best efforts possible to the Kingdom to accurately count each and every citizen of the Kingdom. The King may not call a Royal Census within 35 months of a previous or planned future Grand census. Further the King may not call a Royal Census within 23 months of a past Royal Census. Otherwise, the King may call a census at will. The Grand Census and Royal Census shall be used to determine the size of the Senate and the Council. All Census and Royal Census information shall be freely available to the King, the courts and the Assembly.
Article 14 The Minister of Justice
(1) The Minister of Justice shall be called the second in precedence.
(2) The Minister of Justice is concerned with the enforcement of Law and the protection of the citizens of Edan from criminal threats and is the head of the Ministry of Justice.
(3) The Minister of Justice shall oversee the activities and procedures of; all law enforcement personnel, departments, and groups; all prisons, prison guards, and other corrections agencies; all Royal search, rescue, relief, and aid agencies. The Minister of Justice shall ensure that all Royal justice officers properly represent and advance the best interests of the Kingdom of Edan in the performance of their duties.
(4) The Minister of Justice and his official records shall be available to the King and the High Tribunal for assistance at all times.
Article 15 The Minister of the Armed Forces
(1) The Minister of the Armed Forces shall be third in precedence within the cabinet.
(2) The Minister of the Armed Forces is concerned with the defense of the Kingdom from outside threats and is the head of the Ministry of the Armed Forces.
(3) The Minister of the Armed Forces shall oversee all Royal military forces; he will ensure that the members of the armed forces conduct themselves in accordance with this Constitution and the Laws of the Kingdom.
Article 16 The Minister of Finance
(1) The Minister of Finance shall be fourth in precedence within the cabinet.
(2) The Minister of Finance is concerned with the economy of the Kingdom, to include banking, taxation, and the coining of money and is the head of the Ministry of Finance.
(2) The Minister of Finance shall oversee the Royal Treasury, the Royal Bank, and all Royal economic endeavors.
(3) The Minister of Finance will work closely with the King to draft a proposed budget for the Assembly.
(4) At such time as the Assembly approves a budget, the Minister of Finance, in consultation with the King and the Minister of State, shall set the taxes for the forthcoming year. The proposed taxes shall be submitted to the King for approval no later than one month after the approval of a new budget. The King may accept, reject, or modify the proposed taxes as he sees fit, but must publicly announce the final tax schedule no later than November 15th of the current year.
(5) The Minister of Finance shall maintain copies of all financial records of the Kingdom. Such records shall be freely available to the King, the First Senator, and the President of the Council.
Article 17 The Minister of Foreign Affairs
(1) The Minister of Foreign Affairs shall be fifth in precedence within the cabinet.
(2) The Minister of Foreign Affairs is concerned with the relationship of the Kingdom of Edan with other States and organizations of States and is the head of the Ministry of Foreign Affairs.
(3) The Minister of Foreign Affairs shall oversee the activities of all ambassadors, consuls, and diplomats. In particular, the Minister of Foreign Affairs will ensure that such Royal officers properly represent and advance the best interests of the Kingdom of Edan in the performance of their duties.
(4) The Minister of Foreign Affairs shall serve as Ambassador-at-Large for the Kingdom, representing Edan at critical negotiations, summits, and treaty signings as determined by the King.
Article 18 The Minister of Information
(1) The Minister of Information shall be sixth in precedence within the cabinet.
(2) The Minister of Information is concerned with maintaining information related to the Kingdom and its activities.
(3) The Minister of Information shall oversee the Royal Library, the Assembly's Library, the Royal Archives, and all Royal media, including telephone, radio, television, and internet communications.
(4) The Minister of Information shall maintain separate copies of the Record of Legislation provided to him by the Secretary of the Council.
(5) The Minister of Information shall monitor all public communications and shall remove all illegal and immoral content prior to release or as soon as is practicable.
Article 19 Royal Advisors
(1) The King may appoint as many as three Royal Advisors to the Cabinet.
(2) Royal Advisors head no Ministry and may not be members of the Judicial branch nor the Assembly.
(3) The King may empower Royal Advisors to act as ambassadors, spokesmen, or as assistants to the various Ministers. Their prime duty, however, is to give their advice to the King.
Article 20 Other Cabinet Positions
(1) Additional Cabinet positions may be created by the King. Such new positions may be disapproved by a two-thirds majority of each of the separate houses of the Assembly. Such disapproval must be made within two weeks of the King's creation of a new position if the announcement is made during a Conclave. If made during a period of recess or during a Null Conclave, the new position must be voted upon during the first week of the next Conclave. Failure to do so shall constitute acceptance by default.
(2) If new Cabinet positions will head ministries, the specific scope and duties of the new Ministerial position must be defined at the time the position is created.
Chapter IV Legislative Power
Article 21 Elections
(1) Elections are to be overseen by the Minister of State; they are to be free, equal, and private. The Minister of State must ensure that, as far as is possible, the procedures and processes of voting do not hinder any citizen with the right to vote from casting a proper and legal ballot and that no person, group, faction, or party is discriminated against in the gathering or counting of legitimate votes.
(2) 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.
(3) 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.
(4) The results of elections shall be determined after no less than 2 full counts of all votes cast. If more than 7 full counts are required the Ministry of Justice shall assist in the determination of vote totals. Results are to be posted openly and publicly.
(5) In the event of equal results in an election the Minister of State is to determine the final winner(s) by means of run off elections between those candidates. If multiple candidates are tied in their results, run off election(s) shall be held concurrently and repeatedly until results are final.
Article 22 The Assembly; the Senate
(1) The legislative power is vested primarily in the Assembly. The Assembly is divided into two houses, the Senate and the Council. The Council is the senior body.
(2) Senators are elected in general elections by all citizens of the nation by means of a single transferable vote proportional representation system, the details of which are determined by the Minister of State. The number of Senators is determined as follows;
(a) If the Kingdom’s total population is below 201 persons, the Senate shall not be formed. All functions and duties of the Senate shall be assumed by the Council or, if that body is less than its minimum size, by the King.
(b) If the Kingdom’s total population is more than 200 persons and less than 501 persons, there shall be 8 Senators.
(c) If the Kingdom’s total population is more than 500 persons and less than 5,001 persons, there shall be 12 Senators.
(d) If the Kingdom’s total population is more than 5,000 persons and less than 80,001 persons there shall be 16 Senators.
(e) If the Kingdom’s total population is above 80,000 persons, there shall be one Senator for every 10,000 persons, rounding down.
(f) In exception to Article 22, item 2 (e) the Senate shall never have more than 120 members.
(g) The level of representation within the Senate may only be changed within the month following a general election and may only be changed based upon official census figures. Such changes will be in effect for the next election.
(3) Senators serve terms of 2 years.
(4) Senators must be citizens of the Kingdom. Senators must be eligible to vote and cannot be Nobles, judges, or lawyers.
(5) Any senator may resign his position by public and written declaration delivered to the First Senator or the King, if the First Senator is unavailable. The position of that senator shall at that time become vacant.
(6) If a senator fails to vote in 3 consecutive Conclaves, their position is at that time made vacant. Further the death or permanent incapacitation of a Senator leaves their position vacant.
(7) Once per term a senator may request a Leave of Absence lasting for up to 2 Conclaves. The Leave of Absence must be granted. The senator is exempt from rules of voting in Article 23, item 6 during that time.
(8) Vacancies within the Senate are to be filled by appointment by the King, pending the next general or special election of the Senate.
(9) Within one week of general elections of the Senate, or the special election of the entire Senate, the Senate shall nominate, by simple majority, one of their number as First Senator. The King then ratifies this nomination; the King is required to ratify this nomination within 2 days; if the King fails to ratify the selection of First Senator within 2 days, the First Senator is ratified by default. If the position of First Senator is vacated for any reason, the Senate shall elect a new First Senator and the King will also ratify him. If the Senate fails to nominate a First Senator within the first week, the King shall call a special Conclave lasting one week during which the only business of the Senate is to elect a First Senator. If the Senate still fails to nominate a First Senator, the King may dissolve the Senate and call for special elections of the entire Senate or he may appoint a First Senator. If a First Senator is appointed by the King, the Council shall approve them in a manner identical to the approval or rejection of a member of the Cabinet.
(10) Decisions of the Senate require a simple majority of the votes cast unless this Constitution provides otherwise.
Article 23 The Assembly; the Council
(1) The Council is composed of the Nobles of the Kingdom. Specifically the holder of a Noble title is eligible for Council membership. If the Noble is under the age of 21 the King shall appoint a family member to represent them in the Council; this appointment will be amongst relatives eligible to vote and closest in proximity of blood who are 21 years old or older. If no such family member is available the King shall appoint a citizen to the council to represent them until the titleholder turns 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 or other designated relative may fulfill their duties with the approval of the King.
(2) Nobles appointed to the Cabinet must appoint a proxy to the Council during their tenure.
(3) The Council shall never consist of more than 12 members. These will be the 12 nobles or their proxies with the highest overall precedence amongst all non-Royal nobles. Only nobles directly enfeofed by the King are eligible to sit in the Council.
(4) If there are less than 7 Nobles of appropriate age within the Kingdom, then the powers of the Council shall pass to the King.
(5) If a Councilor fails to vote in 3 conclaves during one session, they forfeit their ability to vote until the next session of the Assembly. If a member of the Council forfeits their right to vote in Council more than once in a three year period or more than three times in a 10 year period they may be considered derelict in their duties to the Kingdom. Proxies appointed by the King or by a titleholder that are derelict in their duties will not impugn the responsibilities of the noble they represent. Instead, they shall be replaced by a new proxy.
(6) A member of the Council may request a leave of absence each year; the President of the Council (or King, if the President of the Council requests such leave) may decline this request. A Leave of Absence last 2 Conclaves and the member of the Council is exempt from the voting rules of Article 24, item 5 during that time.
(7) That member of the Council with highest precedence as defined by the Royal College of Arms shall assume the duties of President of the Council.
(8) If the member of the Council with highest precedent is below the age of 21, medically incapacitated for more than 6 months without assigning their Council duties to their heir, holding a position within the Cabinet, on Leave of Absence, or engaged in active military service the position of President of the Council shall be awarded in declining order of precedence.
(9) Decisions of the Council require a simple majority of votes cast unless otherwise provided in this Constitution.
Article 24 The First Senator
(1) The First Senator presides over all meetings of the Senate as Chairman of the Senate.
(2) The First Senator appoints a fellow member of the Senate as Secretary of the Senate. The Secretary of the Senate reports all records of the Senate to the Secretary of the Council.
(3) It is the duty of the First Senator to grant his advice to the King on matters of State.
Article 25 The President of the Council
(1) The President of the Council presides over all meetings of the Council as its President and Chairman.
(2) The President of the Council appoints a fellow Councilor as Secretary of the Council. The Secretary of the Council maintains the Record of Legislation.
(3) It is the duty of the President of the Council to advise the King on matters of State.
Article 26 Rights of Members of the Assembly
(1) Members of the Assembly may not be subjected to judicial or civil action for a vote cast or a statement made by them in the Assembly or in any of its committees, excepting only acts of Sedition, Blasphemy, Calumny against the Catholic Church, High Treason, Perfidy, or High Treachery.
(2) Members of the Assembly may not be arrested or detained while physically present at a formal Conclave without the approval of the High Tribunal.
(3) Remuneration for members of the Assembly is to be determined by legislation. If such remuneration exists, it may not be excessive. Any changes made to remuneration may not take effect until after the then-current session of the Senate ends.
Article 27 The Legislative Process
(1) Potential legislation (called Bills) may only be introduced by members of the Assembly or the King.
(2) All members of the Assembly must vote "yes", "no", or "abstain" on every
Bill submitted for consideration.
(3) Votes may be submitted in writing, by phone, or electronically.
(a) the Secretary of State shall devise procedures to prevent voting fraud
(b) the First Senator and President of the Council shall enforce such procedures.
(4) All votes must be submitted to the appropriate Assembly Secretary by the end of the time allotted for voting.
(5) Bills must first be approved by the house of the Assembly into which they are introduced. Bills submitted by the King are introduced into the Council. If approved, they are sent to the other house of the Assembly. Bills defeated in the second house may be resubmitted one time during the then-current Conclave.
(6) Bills approved by the second house are sent to the King. The King may ratify or reject the Bill in whole or in part. The portions ratified are entered into the Record of Legislation as Law. If the King rejects portions of a bill, it may only be by designated sections.
(7) If the Bill, or portions of it, is rejected by the King it is returned to the originating house along with a written record of the King's objections to the Bill. If it is re-approved by three-fourths of each house of the Assembly in the same manner as a new Bill, it is ratified by the actions of the Assembly, entered into the Record of Legislation, and made Law over the King's rejection. Any Laws that violate this Constitution are void and null.
(8) In exception to the above, legislation amending this Constitution requires four-fifths of the votes cast in each house of the Assembly. The King must accept or reject proposed Constitutional Amendments as a whole. Constitutional Amendments cannot be made Law over the King's rejection. Such Constitutional Amendments further require a two-thirds majority of the popular vote in a Constitutional Referendum. All such amendments are then attached to this Constitution.
(a) Only Articles 12 through 30 may be removed or modified
(b) Amendments may not remove the rights listed within the Statement of Rights
(c) Amendments may not cease the Kingdom from being a monarchy nor may they remove the King’s powers
(d) Amendments may not remove Catholicism from its status as the National Church
(9) Laws must specify their effective date and cannot be ex post facto.
(10) Bills introduced for non-legislative purposes, such as recommendations to the King or the return of the right to vote in specific cases, are referred to as Acts of the Assembly.
Article 28 Expenditures
(1) In exception to the above, Bills concerning expenditures, Assembly remuneration, and the Budget may only be introduced by members of the Senate or by the King. The King’s proposed Budget must be the first bill introduced in the Senate during the first conclave of the year once a First Senator is named, must be voted on as soon as possible and all votes must be complete within the first conclave. If not voted against by a three-fourths majority of the Senate, the King’s budget is accepted. Once approved, it will be forwarded to the Council, which must also vote on the Budget immediately. If the Council rejects the proposed Budget by a three-fourths majority, they must provide public and written objections and suggestions for improvement. After the rejection of the King’s budget Senators and the King may introduce other proposals for a budget. These later proposals are voted for by simple majority of both the Senate and the Council. The Senate shall conduct no other business until a new budget is forwarded to the Council.
(2) The budget shall be made for the following year and shall be based upon existing fungible liquid assets. Debt instruments, loans, income projections, and other speculative or debt-based funds cannot be used for budget creation. No budget can create or project a deficit. Budgets cannot include unfunded mandates or laws that would require citizens, nobles, agencies, jurisdictions, or other entities to provide funds, excepting usage fees.
(3) Long-term budget items may be proposed as separate legislation, but any expenditure allocated for more than a 1-year period requires separate approval by a 2/3 majority of both houses of the Assembly. No expenditure may be allocated for more than 6 years. No expenditure may be of limited but indefinite period over the rejection of the King.
(4) Any existing debt, such as that accrued during a State of Emergency, shall be paid in such a way that the principle is reduced each year.
(5) At such time as a Budget is approved by the Senate but rejected by the
Council or King twice consecutively the First Senator shall convene a special Conclave of the entire Assembly. Such a special Conclave lasts one week. During this Special Conclave the Budget shall be reviewed and voted upon by the Assembly as a whole. If it is approved by a simple majority of the Assembly as a whole, it is sent to the King for ratification. If it is rejected, a second special Conclave shall be called, as above. If this process fails to produce a Budget a second time, the King shall call for the Dissolution of the Senate.
Article 29 Sessions and Conclaves
(1) A session of the Assembly shall last from March 8th until October 31st.
(2) On March 8th the President of the Council shall call a Conclave; each such Conclave shall consist of an eight-week period during which the work of the Assembly is performed.
(3) At the end of a Conclave there is a two-week recess. On the first day of the third week the President of the Council shall call the next Conclave.
(4) Once per session the First Senator may request that the King grant a Null Conclave; such a Conclave is an eight-week period of extended recess between standard recesses. The King may accept or refuse such a request at his discretion.
(5) The Grand Conclave shall be held each year on the 15th of November.
(a) The Cabinet, the High Tribunal, and the King shall attend the Grand Conclave in addition to the Assembly.
(b) The only business of the Grand Conclave shall be the publishing of the next year’s tax schedule and the Royal Address, where the King declares the state of the Kingdom and addresses the citizens concerning the upcoming year.
Article 30 Votes of Confidence
(1) A Vote of Confidence is a vote cast by the members of the Senate demonstrating their confidence in the existing government. If such a vote fails to pass by a simple majority of the Senate, the King may dissolve the Senate by Royal Decree issued within 2 days of the failed vote.
(2) The King may call for a Vote of Confidence once per session. This request may be made at any time during any normal or Special Conclave.
(3) If the Senate is Dissolved, the King shall direct the Minister of State to hold special elections for the dissolved house as detailed in this Constitution. Announcements of such special elections must be made no more than four days after the Royal Decree of Dissolution is issued.
Article 31 Treaties
(1) The King retains the sole right to sign treaties with other States and organizations of States.
(2) The Assembly must ratify any treaty signed by the King. If 2/3 of each of the houses of the Assembly votes against such a treaty, it is nullified.
(3) If the Assembly fails to ratify or decline a treaty within two conclaves of the King's signature, it is ratified by default.
(4) Any treaty that, in whole or in part, violates this Constitution shall be null and void.
Article 32 State of Emergency
(1) In situations of grave and immediate threat to the existence of the
Kingdom, the King, as both the head of state and commander of the armed forces, may declare a State of Emergency.
(2) During a State of Emergency all powers of the Kingdom; executive, legislative, and judicial; are returned to the person of the King. The King may use Royal Decrees to promulgate Laws, issue legal judgments, and suspend all personal rights save the Right to Life. The King may operate at a budget deficit during a state of emergency.
(3) As soon as possible after such a declaration the Assembly shall vote to ratify the State of Emergency. This ratification requires a simple majority of each house of the Assembly. A State of Emergency exists until such ratification fails.
(4) The First Senator or the President of the Council may call for a vote of Emergency Powers at any time. If this vote is approved by both houses of the Assembly a State of Emergency exists.
(5) A State of Emergency shall last no more than six months, although the King or Assembly may declare another immediately as in Article 32, items 1 through 3.
(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 days beyond the end of emergency powers. Legal judgments and those powers normally retained by the King remain in full force and do not require ratification.
Chapter V Judicial Power
Article 33 The Courts
(1) Judicial power is a function of the King’s sovereignty and, therefore, is part of executive power. Judicial power is to be applied justly and fairly.
(2) Judges are appointed by the King or his Nobles. Their time in office is determined by the King, the appointing Noble, by the terms of this Constitution, or by legislation. Any judicial tenure must be reasonable and uniform.
Article 34 The High Tribunal
(1) The High Tribunal is the highest court of the Kingdom and decides issues that cannot be resolved by lower courts. In particular, the High Tribunal has jurisdiction over cases on appeal from Royal Courts as the High Tribunal deems necessary to review.
(2) Cases before the High Tribunal are never heard before a jury; all decisions are solely the decisions of the members of the High Tribunal. This does not change the requirement for open hearings and sentences, nor does it limit the King’s power of High Justice.
(3) The High Tribunal consists of three members. Members of the High Tribunal must be citizens retaining the right to vote and cannot hold any other position within the government of the Kingdom or its Provinces while serving as a member of the High Tribunal. They further may hold no other office for one full year after leaving the High Tribunal.
(4) Members of the High Tribunal are appointed for a period of 10 years.
(5) The senior judge of the High Tribunal shall be appointed the High Judge by the King; the High Judge shall preside at all meetings of the High Tribunal as its President and Chairman.
(6) In the event that two or more members of the High Tribunal are equal in seniority, the King shall appoint one of them High Judge at his pleasure.
(7) A session of the High Tribunal shall last each year from the first Monday in the month of February until the first Friday in the month of November. The High Tribunal shall conduct its business during its sessions.
(8) The period between sessions is to be used to review the decisions of the Royal Courts for the year and to examine potential future cases before the High Tribunal.
(9) The High Judge may declare two periods of recess per session. Such periods of recess shall last one month and must be separated by no less than 2 months.
(10) A member of the High Tribunal may resign his position by a public and written declaration delivered to the King or to the First Senator if the King is unavailable.
(11) The King may remove a member of the High Tribunal for High Treason, Perfidy, Bribery, or any other felony conviction.
(12) A member of the High Tribunal may also be removed by the King for dereliction of duty, malfeasance, or incompetence. A 2/3 vote of each house of the Assembly may prevent removal of a member of the High Tribunal for these reasons.
(13) The King alone has the right of High Justice, which allows him to amend, modify, reduce, or nullify a ruling of any court, including the High Tribunal, or to pardon persons condemned by any court, including the High Tribunal. High Justice does not permit the King to affect his own removal from the throne due to a ruling of medical incompetence.
(14) The High Tribunal cannot remove the King from the throne except in accordance with this constitution, nor may the High Tribunal nullify or reduce any element of the King’s powers.
Article 35 Royal Courts
(1) The courts which administer Crown Justice, called the Royal Courts, are created by Royal Decree.
(2) Royal courts have supreme jurisdiction over matters assigned to them by Royal Decree.
(3) Separate Royal courts shall be established for private law, penal law, and general public law. They shall consist of Royal Courts, Appellate Courts, and Review Courts for each branch of the Royal Courts.
(4) Any plaintiff or defendant may appeal a ruling of the Royal Courts to the Appellate Courts. If the Appellate Court overturns the decision of the Domain Court the loser may appeal to the Review Courts. Rulings of the Appellate and Review Courts may be appealed to the High Tribunal; the High tribunal may accept or reject appeals at their discretion. The King is also free to review the decisions of the Royal Courts at his pleasure.
(5) The High Tribunal decides by extraordinary review in cases of inconsistent application of the law by different Royal courts.
(7) The King must remove Judges of Royal Courts for Treason, Perfidy, Murder, Bribery, or felony conviction.
Article 36 Noble Courts
(1) The Lower Courts, or Noble Courts, are created by Noble Decree by the authority of the privileges granted to certain nobles by the King.
(2) Noble Courts are established by Nobles as directed by Edicts of Enfeofment. Such courts must meet within the territory of their establishing noble. If the noble has no established territory, the court must convene in a space accessible to the citizens for whom the noble is responsible. Noble Courts must meet regularly during times accessible to the citizens of the fiefdom without undue interference with labor or worship and must allot sufficient time for the proper discharge of justice.
(3) The authorizing noble shall preside at their own Noble Court. A qualified representative, as determined by Royal standards, may be appointed by the noble as Judge to preside over and judge each case. The authorizing noble is in all ways responsible for the conduct of his own courts and judges.
(4) Noble Courts have primary jurisdiction over common law, family law, misdemeanors, real estate, property disputes, and all other legal matters not specifically limited to higher courts.
(5) Persons judged by Noble Courts may appeal to the Noble Court of the liege lord of the authorizing noble of their primary trial, if such exists. Such appeals may then proceed to the Royal Courts.
(6) Authorizing nobles have the right of Low Justice over their own courts, allowing them to modify or nullify the verdict of the judges they appoint. The exercise of Low Justice may be appealed as detailed in Article 36, item 5.
Chapter VI The Statement of Rights
Article 37 Basic Rights
(1) The Kingdom acknowledges that all citizens are equal in their basic rights and that such rights are inalienable.
(2) The Kingdom and its government shall guarantee its citizens the rights set forth in this Constitution subject only to the limits defined by legislation necessary in a free and just Kingdom.
Article 38 The Right to Life
(1) The most fundamental of all rights is the Right to Life.
(2) The Kingdom shall make no laws that invoke the penalty of death for Edanian citizens.
(3) The Kingdom shall make no laws that invoke the penalty of death for people less than 18 years of age.
(4) No person may assist another in voluntarily ending his or her own life.
(5) In the instance of brain death, as determined by three independent competent medical authorities, a person's life may be ended in the following cases;
(a) The person has a written and legally binding will or living will specifically requesting the cessation of artificial life support in case of brain death.
(b) The person's next of kin explicitly requests, in writing, that the person be removed from artificial life support.
(c) In the absence of either a will or a next of kin, the appropriate Noble Court shall appoint a competent person and a Catholic Priest to be the citizen's ward. Within three months of their appointment these wards shall determine, to the best of their ability, if the citizen in question would request removal from artificial life support. This determination will be presented, in writing, to the court of appointment. The court of appointment shall then act upon this decision in a timely manner.
(6) All such termination of artificial life support shall be administered by appropriate medical personnel with full concern for the person’s dignity.
(7) In the absence of a medically determined state of brain death all forms of euthanasia are forbidden.
(8) For purposes of the law life begins at the time of conception. Therefore, abortion is prohibited.
Article 39 The Right to Freedom
(1) The Right to Freedom is considered to be of particular importance to the Kingdom, government, and citizens of the Kingdom of Edan.
(2) The Kingdom shall make no laws that limit the freedom of a citizen's thought, belief, or religion except where the practice of such beliefs or religion can be demonstrated to endanger others or deprive others of their basic rights. In such cases the practice of such beliefs or religion shall be limited, not the holding of them.
(3) While the official religion of the Kingdom is Catholicism all citizens have equal basic rights in the eyes of the law. Certain positions in the Kingdom may require that their holders must be Catholic, but this shall be restricted to members of the Royal Family, specific Noble houses as determined by Edict of Enfeofment, Royal Chaplains and other similar positions.
(4) The Kingdom shall make no law that limits the freedom of citizens’ speech, except in the case of public order, public morality, sedition, treason, blasphemy, or calumny against the Catholic Church. A person who exercises their freedom of speech is also responsible for the abuse of that right to commit libel, slander and other crimes. Freedom of speech does not guarantee access to media or other tools that will allow a citizen to be heard by others.
(5) The Kingdom shall make no laws preventing the peaceful assembly of citizens in public or private, except where such assembly interferes with normal commercial activity or is inherently dangerous to those assembling or to others. Further, groups advocating sedition, treason, perfidy, murder, or blasphemy are not protected from legal consequences for their statements and actions. No public assembly under arms may be considered peaceful.
(6) The Kingdom shall make no laws limiting the right of citizens to organize into associations or political parties, except where; said organizations or political parties use, threaten the use of, or advocate violence against the citizens, nobility, government, or other members or entities of the Kingdom; or where such groups deprive or attempt to deprive other citizens of their basic rights. Further, groups which advocate or commit acts of treason, sedition, perfidy, blasphemy, or calumny against the Catholic Church are not protected.
(7) No citizen may be arrested without a warrant issued by a Noble or a judge except in cases of direct observance of a crime by an agent of the Crown or Nobility. A warrant shall not be issued without probable cause. All warrants must name the place(s) to be searched and the item(s) or person(s) to be seized.
(8) Slavery is forbidden within the Kingdom of Edan, its territories, protectorates, and any other realms controlled by the Kingdom.
(9) No person may be held without being charged with a crime except in times of declared emergency. Such detention cannot continue beyond the end of the State of Emergency without criminal charges.
(10) Parents have the right and responsibility to determine the course of education for their children. The kingdom shall not limit the rights of parents to educate their own children regardless of the limits of their means and circumstances. The kingdom cannot make public education compulsory.
Article 40 The Right to Dignity
(1) Each and every person has the right to dignity and just treatment. While the Kingdom and its officers cannot provide dignity, the citizens of Edan are equal in the law regardless of income, position, education, religion, origin, or status.
(2) Torture is forbidden.
(3) Cruel and unusual punishments shall not be inflicted, nor excessive fines imposed.
(4) The Kingdom and the Law shall respect the privacy of each citizen to as great an extent as is possible while still ensuring the safety and security of all citizens. The privacy of an individual, family, group, or any other entity cannot shield them from the investigation of a crime or potential crime. Further, considerations of privacy do not prevent the Kingdom from establishing and enforcing statutes and laws concerning public order, morals, public safety, familial structure, personal morals, and family morals.
(5) Personal property may not be taken without due compensation, except where such confiscation is imposed as a fine by the courts. Such fines may not be excessive. The forfeiture of lands, properties, titles, etc. due to a revocation of an Edit of Enfeofment shall never be considered excessive.
(6) All persons accused of a crime shall be presumed innocent until proven guilty. The accused must be informed of the accusation. No person shall be forced to testify against him or herself. The accused have the right to confront their accuser(s). No person may be forced to testify against their spouse. Evidence gained in a manner contrary to the laws of the Kingdom shall be inadmissible in court.
(7) Forced labor is forbidden, except as part of a punishment imposed by the courts. Such punitive labor may not be cruel or unusual in its nature or performance.
(8) The Kingdom shall make no laws that discriminate against persons based upon their race.
(9) All accused persons shall receive a trial in a timely manner. All trials will be public unless the courts deem that a public trial will be harmful to defendants, litigants, the Crown, or those who testify. The accused may request a trial by jury; the courts, except the High Tribunal, must honor such a request.
Chapter VII Crimes Against the Kingdom
Article 41 High Crimes
(1) Certain crimes so affect the structure of the Kingdom that they are termed High Crimes. All High Crimes are felonies. The Royal Courts will try those accused of these crimes.
(2) High Treason is an attempt by a citizen or citizens to overthrow the government of the Kingdom by overt or covert acts, or to kill or injure the King or the Royal Family.
(3) Sedition is the incitement of resistance to or insurrection against the King or the government of the Kingdom. The advocacy of violence against the Royal Family shall also be punished as Sedition.
(4) Perfidy is the intentional breaking of any Oath of Fealty, or falsely entering into such an Oath, by the oath-taker of lower precedence. High Treachery is the same crime committed by a Noble toward a lower-precedence oath-taker.
(5) Blasphemy is any public act, public utterance, or public writing against God with the purpose of dishonoring the Divine Majesty. For the purposes of the law, Blasphemy shall also include sacrilege (the theft, destruction, profanation, or misuse of any holy relic, piece of a sacramental and sanctified altar service, or the holy Eucharist). The mere use of profanity is not the High Crime of Blasphemy in and of itself.
(6) Calumny against the Catholic Church is any public act, public utterance or public writing that is disparaging toward or promotes hatred or contempt of the Catholic Church, the Catholic Saints, the Catholic bible, or Catholic dogma.
(7) Those found guilty of a High Crime may appeal to the King.
(8) People guilty of High Treason, Sedition, Perfidy, or High Treachery may not hold any position within the government of the Kingdom and lose the right to vote. Nobles found guilty of such crimes may be stripped of all titles and lands. The right to vote may be returned after a period of 10 years by an Act of the Assembly, but this is not required. Additional penalties may be imposed by the courts.
(9) People guilty of Blasphemy or Calumny against the Catholic Church may never hold a place in the judiciary and are barred from the Assembly for 5 years. Further, they lose the right to vote for 5 years. Nobles may be stripped of all lands and titles. Additional penalties may be imposed by the High Tribunal.
Chapter IIX Laws
Article 42 Social Law
(1) A citizen’s gender is determined genetically as male or female and is immutable.
(a) In cases of chromosomal syndromes that make such determination difficult a group consisting of an independent medical expert, a Catholic priest and the person’s parents shall make a determination of gender. If the person’s parents are deceased, unavailable, or unwilling to aid in the determination the appropriate Noble will appoint a ward. After review of medical records and an interview with the person all members of the board will present their opinion by secret ballot (parents or wards shall have a single vote).
(b) If the appointed group cannot reach a consensus, the person shall be considered female for purposes of the law
(2) Marriage is defined as being between one man and one woman.
(a) All marriage must be contractual and licensed; ‘common law’ marriage is not permitted
(b)Divorce must be ‘at fault’ and marriages may only be dissolved by the courts after the determination of fault.
Article 43 Privileges of the Catholic Church
(1) No Catholic priest, nun, monk, or other religious person shall be liable for tax on their income from ecclesial sources.
(2) No Catholic church, shrine, basilica, cathedral, rectory, convent, monastery, or other building used for religious services or to house religious members shall be subject to a property tax. This will include such ancillary buildings as are needed for the proper function of the main building (for example; tool sheds, administrative office buildings, and parish halls) and the grounds on which they are kept.
(3) Charitable contributions to Catholic institutions are not subject to tax. This includes income derived from fund-raising commercial activities as long as the net profit is given to the Catholic institution.
Given by our hand on this 31st day of March, Anno Domini 2009
Richard, by grace of God King of Edan and Defender of the People
Mar 26, 2009
Welcome to the World
Note: Some terms and basic definitions in this article were coined by the micronational theorist Cesidio Tallini. Cesidio has spent a decade in theory and his boundless energy has resulted in a huge output of ideas and concepts. However, some of his conclusions are radically different than the concept of Edan; Please assume that the concepts and conclusions here are solely those of HRM Richard and other Edanians.
The world of today looks much different than the world into which I was born. The terms "Eastern Bloc" and "western Bloc" mean nothing; the Cold War ended with a few weeks of TV coverage, not nuclear holocaust; instead of taking over the world, Communism is now a bit of a quaint notion. But certain ideas remain. Among these are the First World/Second World/Third World classification of nations. But these ideas are starting to change, too.
The term First World tends to mean the wealthiest nations on Earth; places like America, France, and Switzerland. These are, in some ways, what all other nations wish to be - rich and politically influential, usually with a powerful military.
Close on their heels is the Second World, nations like Russia and Egypt; not as wealthy, not as influential. Now, the difference between First and Second World nations is a hard one to draw, especially since it originally meant 'nations allied with the US' (First) and 'nations allied with the USSR' (Second). Since the end of the Cold War many scholars refer to all First and Second World nations as 'Developed Nations', reflecting their advanced infrastructure, manufacturing, knowledge-based economy, etc.
This leads us to the Third World, or the 'Developing Countries'. In general, this means 'nations not as rich or as well-developed as First and Second World nations', but not always. For example, while Afghanistan is relatively poorly developed and poor, Indonesia is a fairly wealthy nation and both are rather different than Mexico. Some have argued that 'Third World' in usage means 'someplace that gets aid money from another nation'.
Altogether, however, all of these terms refer to nation-states with defined borders, a set government, etc. This doesn't apply to everyone, leading to the development of the term Fourth World about 20 years ago.
The term 'Fourth World' has two meanings, unfortunately. To the UN, it means the very poorest or the poor nation-states, such as Sudan or Haiti. I believe this is because the UN is composed of and deals with nation-states. The older, academic, definition of Fourth World is 'a nation without a state', such as American Indians, Australian Aborigines, the Basque, the Kurds, the Tamil, etc. In short, people who share a common language (or shared one), history, culture, etc. but are either nomadic or have lost control of physical territory. So they look like a 'nation', act like one, think like one, but have no state. One of the prime examples of this is the Romani, commonly known in English as the Gypsies. Worldwide there are, probably, between 4 and 6 million Romani with a shared culture, history, ancestry, regional dialects, etc. - and no representation in the UN or other bodies because they are a stateless nation.
Some of these groups, however, have joined together and created the Unrepresented Nations and Peoples Organization. The UNPO is almost a 'UN for people who can't joine the UN'. The UNPO helps its members be heard in international diplomacy and helps them gain official recognition. Since its founding several nations of the UNPO have gone on to become members of the UN. With members ranging from the Turkmen to Taiwan, the UNPO shows that the Fourth World is as varied as the First, Second or Third.
Now we get to some original, and somewhat controversial, terms. The first is 'Fifth World", coined by Cesidio Tallini. My definition of the term differs from his a bit and is 'either a nation smaller and less coherent than existing Fourth World members, an active secessionist movement or a serious attempt at nation-building that has survived a decade or more'. An example of the former would be, say, one of the smaller tribes of American Indians that considers itself distinct but because of small size is forced to act as part of a larger tribe. An example of the second is the Tamil. An example of the latter is the Kingdom of Talossa; it has been around for decades, has a well-defined culture (including a language) and continues to exist and even grow. There aren't many Fifth World examples - this is primarily because the Fifth World is an 'in between' stage and, therefore, usually temporary. Nations only remain Fifth World if they are unable or unwilling to move to the Fourth world. In the case of small indigenous people groups they are hindered by poverty and exogamy. Talossa is, on the other hand, simply as big as they want to be.
This doesn't mean that there aren't a fair number of Fifth World nations, nor that a nation can't spend decades as part of the Fifth World. Just that few will remain there indefinitely. It also shouldn't be assumed that all Fifth World nations are transitioning from Sixth World status toward Fourth World membership - some groups are there as they 'fade away'.
The Sixth World, as I define it, consists of emergent secessionist groups or serious micronations that have not yet reached Fifth World levels of membership or culture. The Kingdom of Hawai'i and the Leauge of the South are examples of the former while the Republic of Molossia and Edan are examples of the latter. The Kingdom of Hawai'i and the League of the South are entirely serious secessionist movements. They both wish independence for a particular region and a particular people; its members share language, customs, and culture; they have political will and identifiable leaders. They sound like great candidates for the Fifth, even the Fourth, World. But they are still small and lack the sheer clout to 'move up', as it were. This doesn't mean they are wasted effort or foolishness; both groups have made political statements that have reached surprisingly large audiences and both show the promise of being bigger and more influential in the future. They are obviously influential enough in ideology and culture to be self-perpetuating.
Sixth World micronations are a bit more - scattered. Many in that group like where they are, like it a great deal. Molossia has had world-wide exposure, has many visitors, a tremendous amount of goodwill with other micronationalists, and seems to have no interest whatsoever in becoming a Fifth World nation. The Kingdom of Edan is paused on the upper edge of the Sixth World; currently we aren't even trying to grow the size of the community, although our ultimate goal is membership in the UNPO within 40 years. I agree with Cesidio on his definition of micronations in the Sixth world; they range from sizeable, stable communities that like being such to small nations that are in the process of building their cultural strength and citizenry.
Then we come to the Seventh World. When Cesidio write about the Seventh World, he refuses to capitalize it (making it 'seventh world') - I tend to agree. The vast majority of micronations are created, exist, and end in the seventh world. Micronations like Choconya, the Principality of St. Valentine, the Jahn Empire, and Port Colice (don't bother, they are all gone) are some of the past examples of seventh world nations. Current examples are Cakeland, The Republic of North Altania, and Scientopia. These nations tend to be created by people who are very young, have a burst of activity at the beginning, and quickly start making alliances amongst themselves, particpate in (*cough*) "wars" with other seventh world micronations, have 5 political parties in a population of 12 people, and so on.
Let me be clear; I don't think there is anything "wrong" about any of these activities of seventh world groups. It is obviously a lot of fun or there wouldn't be so darn many of them: this index lists over 540 micronations, the vast majority of which no longer exist - and the index is only a fraction of the micronations that have come into existence and faded away in the last decade or so. In a way, seventh world micronations should be seen as a form of roleplaying game. Perhaps we should even consider large MMORPG's like World of Warcraft to be part of the seventh world, too.
Heck, some of them 'bleed over' into the Sicth World. The Empire of Reunion is a lot like any other seventh world micronation - but it has been around a long time, has (or at least has had) a substantial population, and has developed a strong culture. Its a Sixth World nation, but almost despite itself (note: HRM Richard is a fan of the Empire of Reunion and has been for years).
This framework of ideas allows you to see the proposed progression of Edan more clearly. Currently, Edan is a Sixth World nation working hard to build the foundation to take it to the Fifth World. Once there the Kingdom will focus on growth and concept until sheer mass of numbers (citizens) and weight of culture allows it to exert a broad enough influence to join the Fourth World. After that its just more of the same.
More to come soon.
The world of today looks much different than the world into which I was born. The terms "Eastern Bloc" and "western Bloc" mean nothing; the Cold War ended with a few weeks of TV coverage, not nuclear holocaust; instead of taking over the world, Communism is now a bit of a quaint notion. But certain ideas remain. Among these are the First World/Second World/Third World classification of nations. But these ideas are starting to change, too.
The term First World tends to mean the wealthiest nations on Earth; places like America, France, and Switzerland. These are, in some ways, what all other nations wish to be - rich and politically influential, usually with a powerful military.
Close on their heels is the Second World, nations like Russia and Egypt; not as wealthy, not as influential. Now, the difference between First and Second World nations is a hard one to draw, especially since it originally meant 'nations allied with the US' (First) and 'nations allied with the USSR' (Second). Since the end of the Cold War many scholars refer to all First and Second World nations as 'Developed Nations', reflecting their advanced infrastructure, manufacturing, knowledge-based economy, etc.
This leads us to the Third World, or the 'Developing Countries'. In general, this means 'nations not as rich or as well-developed as First and Second World nations', but not always. For example, while Afghanistan is relatively poorly developed and poor, Indonesia is a fairly wealthy nation and both are rather different than Mexico. Some have argued that 'Third World' in usage means 'someplace that gets aid money from another nation'.
Altogether, however, all of these terms refer to nation-states with defined borders, a set government, etc. This doesn't apply to everyone, leading to the development of the term Fourth World about 20 years ago.
The term 'Fourth World' has two meanings, unfortunately. To the UN, it means the very poorest or the poor nation-states, such as Sudan or Haiti. I believe this is because the UN is composed of and deals with nation-states. The older, academic, definition of Fourth World is 'a nation without a state', such as American Indians, Australian Aborigines, the Basque, the Kurds, the Tamil, etc. In short, people who share a common language (or shared one), history, culture, etc. but are either nomadic or have lost control of physical territory. So they look like a 'nation', act like one, think like one, but have no state. One of the prime examples of this is the Romani, commonly known in English as the Gypsies. Worldwide there are, probably, between 4 and 6 million Romani with a shared culture, history, ancestry, regional dialects, etc. - and no representation in the UN or other bodies because they are a stateless nation.
Some of these groups, however, have joined together and created the Unrepresented Nations and Peoples Organization. The UNPO is almost a 'UN for people who can't joine the UN'. The UNPO helps its members be heard in international diplomacy and helps them gain official recognition. Since its founding several nations of the UNPO have gone on to become members of the UN. With members ranging from the Turkmen to Taiwan, the UNPO shows that the Fourth World is as varied as the First, Second or Third.
Now we get to some original, and somewhat controversial, terms. The first is 'Fifth World", coined by Cesidio Tallini. My definition of the term differs from his a bit and is 'either a nation smaller and less coherent than existing Fourth World members, an active secessionist movement or a serious attempt at nation-building that has survived a decade or more'. An example of the former would be, say, one of the smaller tribes of American Indians that considers itself distinct but because of small size is forced to act as part of a larger tribe. An example of the second is the Tamil. An example of the latter is the Kingdom of Talossa; it has been around for decades, has a well-defined culture (including a language) and continues to exist and even grow. There aren't many Fifth World examples - this is primarily because the Fifth World is an 'in between' stage and, therefore, usually temporary. Nations only remain Fifth World if they are unable or unwilling to move to the Fourth world. In the case of small indigenous people groups they are hindered by poverty and exogamy. Talossa is, on the other hand, simply as big as they want to be.
This doesn't mean that there aren't a fair number of Fifth World nations, nor that a nation can't spend decades as part of the Fifth World. Just that few will remain there indefinitely. It also shouldn't be assumed that all Fifth World nations are transitioning from Sixth World status toward Fourth World membership - some groups are there as they 'fade away'.
The Sixth World, as I define it, consists of emergent secessionist groups or serious micronations that have not yet reached Fifth World levels of membership or culture. The Kingdom of Hawai'i and the Leauge of the South are examples of the former while the Republic of Molossia and Edan are examples of the latter. The Kingdom of Hawai'i and the League of the South are entirely serious secessionist movements. They both wish independence for a particular region and a particular people; its members share language, customs, and culture; they have political will and identifiable leaders. They sound like great candidates for the Fifth, even the Fourth, World. But they are still small and lack the sheer clout to 'move up', as it were. This doesn't mean they are wasted effort or foolishness; both groups have made political statements that have reached surprisingly large audiences and both show the promise of being bigger and more influential in the future. They are obviously influential enough in ideology and culture to be self-perpetuating.
Sixth World micronations are a bit more - scattered. Many in that group like where they are, like it a great deal. Molossia has had world-wide exposure, has many visitors, a tremendous amount of goodwill with other micronationalists, and seems to have no interest whatsoever in becoming a Fifth World nation. The Kingdom of Edan is paused on the upper edge of the Sixth World; currently we aren't even trying to grow the size of the community, although our ultimate goal is membership in the UNPO within 40 years. I agree with Cesidio on his definition of micronations in the Sixth world; they range from sizeable, stable communities that like being such to small nations that are in the process of building their cultural strength and citizenry.
Then we come to the Seventh World. When Cesidio write about the Seventh World, he refuses to capitalize it (making it 'seventh world') - I tend to agree. The vast majority of micronations are created, exist, and end in the seventh world. Micronations like Choconya, the Principality of St. Valentine, the Jahn Empire, and Port Colice (don't bother, they are all gone) are some of the past examples of seventh world nations. Current examples are Cakeland, The Republic of North Altania, and Scientopia. These nations tend to be created by people who are very young, have a burst of activity at the beginning, and quickly start making alliances amongst themselves, particpate in (*cough*) "wars" with other seventh world micronations, have 5 political parties in a population of 12 people, and so on.
Let me be clear; I don't think there is anything "wrong" about any of these activities of seventh world groups. It is obviously a lot of fun or there wouldn't be so darn many of them: this index lists over 540 micronations, the vast majority of which no longer exist - and the index is only a fraction of the micronations that have come into existence and faded away in the last decade or so. In a way, seventh world micronations should be seen as a form of roleplaying game. Perhaps we should even consider large MMORPG's like World of Warcraft to be part of the seventh world, too.
Heck, some of them 'bleed over' into the Sicth World. The Empire of Reunion is a lot like any other seventh world micronation - but it has been around a long time, has (or at least has had) a substantial population, and has developed a strong culture. Its a Sixth World nation, but almost despite itself (note: HRM Richard is a fan of the Empire of Reunion and has been for years).
This framework of ideas allows you to see the proposed progression of Edan more clearly. Currently, Edan is a Sixth World nation working hard to build the foundation to take it to the Fifth World. Once there the Kingdom will focus on growth and concept until sheer mass of numbers (citizens) and weight of culture allows it to exert a broad enough influence to join the Fourth World. After that its just more of the same.
More to come soon.
Mar 23, 2009
What an Edanian Looks Like
While there are a lot fewer Edanins today then there were a decade ago, we soldier on. The biggest reason that Edan was made smaller, quieter, and more private was that the King realized that most micronations do thinks in the wrong order. In the military this is called 'Ready, Fire, Aim!' thinking. HRM Richard stopped and decided to make the road, then travel down it.
As the last article stated, the Kingdom of Edan was made for a reason, which is;
This means that every Edanian wants the same thing - to build a better country. The way that you do this is to start with the citizens.
The constitution was the first thing made for two simple reasons; 1) it defines the nation, allowing potential citizens to understand Edan quickly and 2) it exists to protect Edanians. Indeed, Edanians don't swear to uphold the Constitution - the King does. That is because the Constitution is the King's oath to the people that he will never become a tyrant.
The next thing we need are citizens. What are we looking for in a citizen? Well, someone who agrees with the idea of a constitutional Catholic monarchy based upon Distributist ideals, naturally. Someone willing to wirk at building something new. And someone willing to build a virtuous nation.
There is a concept that you don’t hear much about anymore; civic virtue. Heck, virtue in general is seen as a quaint, obsolete idea. But these two closely linked but distinct ideas, virtue and civic virtue, are as critical today as ever. Indeed, they are the center of the idea of Edan.
The simple definition of "virtue" is ‘ a character trait that is inherently good’, so that developing and holding these traits is something that makes a person better than they would otherwise be.
The Four Cardinal Virtues are Prudence, Temperance, Courage, and Justice. While I grew up hearing of these traits (for all his faults, my father is of the Greatest Generation, after all), they are so outrÈ today that many don’t know what they mean.
‘Prudence’ is not caution (although that is the usual modern meaning) or timidity – it means ‘sound judgment’, the ability to distinguish between acting with courage and acting recklessly, for example. Prudence is seen not as action, but the knowledge and wisdom that guides actions.
‘Temperance’ is usually seen as another word for ‘moderation’, but it is more. It really means ‘moderation through control of the self’. The ability to control oneself is a key element of acting virtuously. After all, a person with the prudence to know which actions are proper and which are immoral but without the self-control to avoid the immoral in favor of the good cannot act in a proper manner. Temperance is seen as guiding not just eating, drinking, and sex, but also the choice of words and courses of action.
‘Justice’ is the impartial treatment of all individuals, regardless of race, creed, or origin, and thereby according them what they actually deserve. This is not some blanket ‘everyone is OK’ PC tolerance concept. Justice encompasses punishment as well as reward, rejection as well as acceptance. A stranger is judged by his actions, not the color of his skin – but if his actions merit punishment, then the color of his skin is no shield against justice. This is also true of gender, religion; you name it.
The fourth cardinal virtue is Courage. ‘Courage’ means the trait of acting in a moral manner in the face of fear. Regardless of shame, pain, loss, or death, the courageous man acts properly.
These virtues are Cardinal because they are each necessary for the others; without prudence, you cannot know when or how to act; without courage, you will not act when it is risky (and moral behavior is almost always risky); etc. In short, you either have them all, or you effectively have none of them.
The ancient Greeks, especially Socrates, identified these virtues and their central, critical role is moral life and it was soon assumed by his intellectual heirs to be proven that these virtues were key to living a proper, moral life. Thus, these virtues form the foundation of the concepts ‘good’ behavior.
This brings us to the Civic Virtues. Where the Cardinal Virtues are seen as the elements that make a person’s own life worthwhile, the Civic Virtues are the elements that make a person a good citizen and the building blocks of a good society. In other words, just as the Cardinal Virtues make you an objectively good person, Civic Virtues build an objectively good society.
There is some debate on exactly what is meant by ‘civic virtue’, with some arguing that it means simply to be involved in the community, or even to send our children to public school. In the end, however, the definition of ‘Civic Virtue’ boils down to the core concepts that each individual has a duty to society as a whole and that this duty is to act in a moral, selfless manner.
The fascinating thing about civic virtue is that it is a virtue of individuals, not the group; it is not about the government helping the people or forcing certain activities with laws, but about individuals placing the common good above their own narrow interests of their own free will.
Why would someone do that? Why would anyone reject their own narrow interests and voluntarily restrict their own free willfor the 'common good'? Two reasons, really. The first is the idea summed up in the phrase 'a rising tide lifts all boats'. If the society as a whole is doing better, every person within that society is also seeing their overall life improve. The second is much more direct. That is the fact that the Cardinal Virtues show that Civic Virtue is a good. This means that if you are living a prudent, temperate, just, courageous life you will embrace civic virtue for its own sake.
Further, we must remember the admonition; "'Freedom' does not mean the liberty to do whatever you want, 'freedom' means the liberty to do what you ought".
As the last article stated, the Kingdom of Edan was made for a reason, which is;
The purpose of the Kingdom of Edan is to create a sovereign nation whose culture, laws, and values lead to individual and community actions that further the weal of the Kingdom and its citizens while also promulgating those same laws, values, and resultant culture. ... the goal of the Kingdom of Edan is to build, maintain, and spread a just and moral civilization.The next step is to discuss Edanians, the people of which the Kingdom is made. All Edanians will share certain traits, especially at first. The first thing that makes Edanians different is that they want to belong; after all, micronations are something people want to belong to. Since Edan has the requirement of an oath of allegience rather than automatic citizenship, this will never change; all Edanians will be volunteers.
This means that every Edanian wants the same thing - to build a better country. The way that you do this is to start with the citizens.
The constitution was the first thing made for two simple reasons; 1) it defines the nation, allowing potential citizens to understand Edan quickly and 2) it exists to protect Edanians. Indeed, Edanians don't swear to uphold the Constitution - the King does. That is because the Constitution is the King's oath to the people that he will never become a tyrant.
The next thing we need are citizens. What are we looking for in a citizen? Well, someone who agrees with the idea of a constitutional Catholic monarchy based upon Distributist ideals, naturally. Someone willing to wirk at building something new. And someone willing to build a virtuous nation.
There is a concept that you don’t hear much about anymore; civic virtue. Heck, virtue in general is seen as a quaint, obsolete idea. But these two closely linked but distinct ideas, virtue and civic virtue, are as critical today as ever. Indeed, they are the center of the idea of Edan.
The simple definition of "virtue" is ‘ a character trait that is inherently good’, so that developing and holding these traits is something that makes a person better than they would otherwise be.
The Four Cardinal Virtues are Prudence, Temperance, Courage, and Justice. While I grew up hearing of these traits (for all his faults, my father is of the Greatest Generation, after all), they are so outrÈ today that many don’t know what they mean.
‘Prudence’ is not caution (although that is the usual modern meaning) or timidity – it means ‘sound judgment’, the ability to distinguish between acting with courage and acting recklessly, for example. Prudence is seen not as action, but the knowledge and wisdom that guides actions.
‘Temperance’ is usually seen as another word for ‘moderation’, but it is more. It really means ‘moderation through control of the self’. The ability to control oneself is a key element of acting virtuously. After all, a person with the prudence to know which actions are proper and which are immoral but without the self-control to avoid the immoral in favor of the good cannot act in a proper manner. Temperance is seen as guiding not just eating, drinking, and sex, but also the choice of words and courses of action.
‘Justice’ is the impartial treatment of all individuals, regardless of race, creed, or origin, and thereby according them what they actually deserve. This is not some blanket ‘everyone is OK’ PC tolerance concept. Justice encompasses punishment as well as reward, rejection as well as acceptance. A stranger is judged by his actions, not the color of his skin – but if his actions merit punishment, then the color of his skin is no shield against justice. This is also true of gender, religion; you name it.
The fourth cardinal virtue is Courage. ‘Courage’ means the trait of acting in a moral manner in the face of fear. Regardless of shame, pain, loss, or death, the courageous man acts properly.
These virtues are Cardinal because they are each necessary for the others; without prudence, you cannot know when or how to act; without courage, you will not act when it is risky (and moral behavior is almost always risky); etc. In short, you either have them all, or you effectively have none of them.
The ancient Greeks, especially Socrates, identified these virtues and their central, critical role is moral life and it was soon assumed by his intellectual heirs to be proven that these virtues were key to living a proper, moral life. Thus, these virtues form the foundation of the concepts ‘good’ behavior.
This brings us to the Civic Virtues. Where the Cardinal Virtues are seen as the elements that make a person’s own life worthwhile, the Civic Virtues are the elements that make a person a good citizen and the building blocks of a good society. In other words, just as the Cardinal Virtues make you an objectively good person, Civic Virtues build an objectively good society.
There is some debate on exactly what is meant by ‘civic virtue’, with some arguing that it means simply to be involved in the community, or even to send our children to public school. In the end, however, the definition of ‘Civic Virtue’ boils down to the core concepts that each individual has a duty to society as a whole and that this duty is to act in a moral, selfless manner.
The fascinating thing about civic virtue is that it is a virtue of individuals, not the group; it is not about the government helping the people or forcing certain activities with laws, but about individuals placing the common good above their own narrow interests of their own free will.
Why would someone do that? Why would anyone reject their own narrow interests and voluntarily restrict their own free willfor the 'common good'? Two reasons, really. The first is the idea summed up in the phrase 'a rising tide lifts all boats'. If the society as a whole is doing better, every person within that society is also seeing their overall life improve. The second is much more direct. That is the fact that the Cardinal Virtues show that Civic Virtue is a good. This means that if you are living a prudent, temperate, just, courageous life you will embrace civic virtue for its own sake.
Further, we must remember the admonition; "'Freedom' does not mean the liberty to do whatever you want, 'freedom' means the liberty to do what you ought".
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