SA State Constitution

[i][color=#EEEEEE]PREAMBLE:[/color][/i]
We, the people of the San Andreas state, as members of the union of the United States of America, or residents or tourists of the state of San Andreas (hereinafter known as the people); to conceive a civilization of unprecedented wisdom and ingenuity, provide for the protection of man's unalienable rights, and inspire general well-being for ourselves and our posterity, ratify and establish this Constitution for the state of San Andreas.

[i][color=#EEEEEE]Article I
Freedoms, Rights, and Protections of the Citizens[/color][/i]

[i][color=#EEEEEE]Section I[/color][/i]
The people of the San Andreas state shall herein be granted the following freedoms in order to maintain the freedom and stability of the state. The people shall be granted the freedom of speech, the freedom of religion, the freedom to assemble, the freedom of press, and the freedom to petition their government. No law shall be placed that revokes or abridges the preceding freedoms from the people of the state of San Andreas. No soldier, military branch, or other form of authority shall be exempt from adhering to these freedoms in a time of peace.

[i][color=#EEEEEE]Section II[/color][/i]
The people of the state of San Andreas shall herein be granted the following rights in order to maintain the freedom and stability of the state. The people shall be granted the right to information, the right to vote in an election, the right to an attorney in the case of a trial, the right to liberty, the right to own property, the right to petition their government, and the right to equality. The privilege of the writ of Habeas Corpus and writ of Coram Nobis shall not be suspended. No law shall be placed that revokes or abridges the preceding rights from the people of the of San Andreas state. No soldier, military branch, or other form of authority shall be exempt from adhering to these rights in a time of peace.

[i][color=#EEEEEE]Section III[/color][/i]
The people of the San Andreas state shall herein be granted the following protections in order to maintain the freedom and stability of the state. The people shall be granted protection from unreasonable or violent questioning, protection from cruel and unusual punishment in cases not involving treason, protection from excessive punishment in a time of peace, protection from unreasonable taxation, protection from double jeopardy, protection from unreasonable search and seizure, and protection from discrimination due to race or religion. No law shall be placed that revokes or abridges the preceding protections from the people of the San Andreas state. No soldier, military branch, or other form of authority shall be exempt from adhering to these protections in a time of peace.

[i][color=#EEEEEE]Section IV[/color][/i]
The people of the San Andreas state shall herein be granted the following protections in order to maintain the freedom, stability, and safety of the people of this state. Citizens are granted the right to compose a restraining order for the following reasons: (i) Protection of themselves from the abuse of another person, citizen or not. (ii) Protection for one's possessions from those who may or have abused them. (iii) Protection of one's loved ones from the abuse of another person. No law shall be placed that revokes or abridges the preceding protections from the people of the San Andreas state. No soldier, military branch, or other form of authority shall be exempt from adhering to these protections in times of peace, war, or chaos.

[i][color=#EEEEEE]Article II
Legislature of the State[/color][/i]

[i][color=#EEEEEE]Section I[/color][/i]
The legislative powers shall now be vested in one state Senate. A collection of citizens of the San Andreas state shall be entrusted with the position of state Senator. One Senator will be elected per each of the cities. If there are less than three candidates running for one district an election shall be deemed detrimental and the Governor of San Andreas shall hold the power to end the election and appoint a senator to that district. Districts will be created and removed at the discretion of the Governor of San Andreas, districts may only be removed when their seat in the Senate is unoccupied. The amount of districts may never be lower than 2 and never exceed 7. Prior to a Senator's appointment to office, he or she shall be sworn into office by the Chief Justice of the State Supreme Court and shall affirm his or her duties through the following oath of office:

"I do hereby solemnly swear that it shall be my duty to defend and enforce the state constitution of San Andreas against all those who oppose, foreign and domestic. I affirm that I take this obligation willingly without any mental reservation or purpose of evasion. I will execute the duties assigned to me to, fully and faithfully, the best of my abilities, so help me God."

The Senate shall hold the power to try all impeachments, discluding those of fellow Senators or themselves. A majority vote is required to finalize impeachments and judgement shall not extend past removal from office. Criminal proceedings shall be vested to the state Supreme Court in the event of an impeachment. If a member of the Senate is to be impeached, it shall be tried by the state Supreme Court.

[i][color=#EEEEEE]Section III[/color][/i]
The state Senate will be given the following powers and authorities to ensure the security and well-being of the San Andreas state. They will be granted the authority to:
Lay and collect taxes from the people of the San Andreas state.
Borrow money on the credit of the San Andreas state.
Establish laws, in accordance with this Constitution, across the state of San Andreas.
Establish limitations to punishment for crimes against the state of San Andreas and/or its people.
Review and remove, if so deemed necessary, executive offices created by the Governor with a four-fifths majority vote.

[i][color=#EEEEEE]Section IV[/color][/i]
The state Senate will be given the following limitations to ensure the security and well-being of the San Andreas state. The following restrictions are as follows:
No law shall be passed that commits a position to one individual.
No tax shall exceed that of thirty five percent without the concurring approval of the state Governor, the state Senate, and the state Supreme Court in their entirety.
No individual or set of individuals shall be exempt from taxation that has been passed across the state.
No law of San Andreas shall punish any individual for crimes ex post facto. (laws shall not punish people for crimes that were not crimes when they were committed.)
No law shall remove power(s) or limit(s) of power(s) already defined of the Legislature, Executors or Justices.

[i][color=#EEEEEE]Section V[/color][/i]
The Senate shall hold the power to amend this constitution as deemed necessary by the unanimous vote of congress accompanied by the approving signatures of the Governor and the Chief Justice of the Supreme Court of the San Andreas state.

[i][color=#EEEEEE]Article III
Executive Branch of the San Andreas State[/color][/i]

[i][color=#EEEEEE]Section I[/color][/i]
The executive powers of the San Andreas state shall be entrusted to one Governor. He shall hold this office during the term of two months. The Governor must develop and submit annual or biennial budgets for review and approval by the legislature (( every real-life month )) within the first week of the gubernatorial term. Prior to gubernatorial and members of his cabinet's appointments to office, he or she shall be sworn into office by the Chief Justice of the State Supreme Court and shall affirm his or her duties through the following oath of office:

"I do hereby solemnly swear that it shall be my duty to defend and enforce the state constitution of San Andreas against all those who oppose, foreign and domestic. I affirm that I take this obligation willingly without any mental reservation or purpose of evasion. I will execute the duties assigned to me to, fully and faithfully, the best of my abilities, so help me God."

Candidates for the position of Governor must have first attained the age of twenty five years, be in good standings with the law and have been a citizen of the United States since birth.

In the case of an extreme calamity, resignation, or impeachment of the incumbent Governor, the duties of the governor shall be bestowed upon the deputy Governor who shall assume the office of the President. When there is a vacancy within the position of deputy Governor, the Governor shall nominate a replacement. The Governor's replacement shall serve out the remainder of the previous gubernatorial term. In a case of crisis when both the Governor and the deputy Governor are simultaneously rendered incapable of performing the duties of Governor, the office shall fall upon the next capable individual in the following succession:

Attorney General
Secretary of Treasury
Secretary of Defense

The above offices shall be deemed a necessity of the Executive branch of the state government and shall not be removed by the Governor. These offices will be labeled the Executive Cabinet of the San Andreas state, including the Governor and deputy Governor. A member of the Executive Cabinet may not be employed by the Legislature, nor by the Judicial Branch.

[i][color=#EEEEEE]Section II[/color][/i]
The Governor is the chief executive officer of San Andreas and head supervisor of the Executive Branch. The Governor holds the power to:
Address the citizens to ensure and inform them of workings of the Government, as he/she sees fit.
Amend the tax rate as deemed necessary without exceeding the amount of thirty five percent.
Oversee and direct the operations conducted by the Executive Branch.
Enact an Executive order, which holds the same power as law but are limited to a life of no more than two weeks or until the Governor removes the order.
Appoint officials to the offices of deputy Governor, Attorney General, Secretary of Treasury, Secretary of Defense, and Secretary of State.
Create positions within the executive staff and appoint officials to fill them.
Pardon any individual who is convicted of crimes on a state level.
Veto any motion or act passed by the Senate by anything other than a unanimous vote.
Submit proposed bills or amendments to the legislature for senatorial approval.
Call special legislative sessions, provided in most cases that the purpose and agenda for the sessions are set in advance.
Exercise the use of Eminent Domain ((with approval from EG-RP's Executive Office)).

Governors coordinate and work with state legislatures in:
Approval of state budgets and appropriations.
Enactment of state legislation.
Confirmation of executive and judicial appointments.
Legislative oversight of executive branch functions.

The deputy Governor is the deputy head supervisor of the Executive Branch. The deputy Governor holds the power to:
Address the citizens to ensure and inform them of workings of the Government, as he/she sees fit.
Amend the tax rate as deemed necessary without exceeding the amount of thirty five percent.
Oversee and direct the operations conducted by the Executive Branch.
Create positions within the executive staff and appoint officials to fill them.
Submit proposed bills or amendments to the legislature for senatorial approval.

[i][color=#EEEEEE]Section III[/color][/i]
The Governor, deputy Governor, and any other office holder of the executive branch shall be subject to impeachment upon conviction of treason, bribery, or other crimes against the state. All impeachment trials shall be tried by the Senate, discluding those pertaining to the Senate.

[i][color=#EEEEEE]Section IV
Judicial Branch of the San Andreas State[/color][/i]

[i][color=#EEEEEE]Section I[/color][/i]
The Judicial Power of San Andreas shall be vested in one state Supreme Court. The Supreme Court shall consist of one Chief Justice and Associate Justices appointed by the Chief Justice. Justices of the Supreme Court will hold office for life unless they commit acts of ill faith, in which circumstance they may be impeached by a four-fifths majority of the Senate. No member of the Judicial Branch may be employed by the Legislative Branch, nor by the Executive Cabinet during his or her tenure. Prior to Chief Justice's appointment to office, he or she shall be sworn into office by the Governor of San Andreas and shall affirm his or her duties through the following oath of office:

"I do hereby solemnly swear that it shall be my duty to defend and enforce the state constitution of the San Andreas against all those who oppose, foreign and domestic. I affirm that I take this obligation willingly without any mental reservation or purpose of evasion. I will execute the duties assigned to me to, fully and faithfully, the best of my abilities, so help me God."

The state Supreme Court shall hold the ability to establish smaller District Courts as deemed necessary by the justices of the court.

[i][color=#EEEEEE]Section II[/color][/i]
In order to establish and maintain an effective governing body, the Judicial Branch will be granted the following powers:
The Supreme Court shall hold the power of Judicial Review over any law passed by the Senate or executive order issued by the Governor.
The Supreme Court shall be tasked with interpreting and enforcing the constitution and laws passed by the legislature.
Members of the Senate may be impeached if a majority vote of the Supreme Court is attained. Grounds for dismissal must include either corruption, treason, or other crimes against the state.

[i][color=#EEEEEE]Section III[/color][/i]
The state Supreme Court shall hold original jurisdiction in any case between two, or more, state governmental entities, or civil service agencies; the interpretation of the Constitution is directly disputed; and claims of human rights violations are raised. In all other cases other than the aforementioned, the state Supreme Court shall hold final jurisdiction for state level offenses and state level cases.

Trial by Jury shall be at the discretion of the presiding Judge at the district level. Trial by Jury shall not be permitted in cases tried by the state Supreme Court.

[i][color=#EEEEEE]Section IV[/color][/i]
Treason against the San Andreas state shall only consist of imposing great harm consisting of war-like actions against the state, adhering to its enemies, or offering its enemies aid and comfort. No person shall be convicted of treason without the testimony of three witnesses to an individual act or an open court confession. The Senate shall have power to declare the punishment of treason on a state level.

[i][color=#EEEEEE]Article V
Ratification of the State Constitution[/color][/i]

[i][color=#EEEEEE]Section I[/color][/i]
The conjoined signatures of the current Governor of San Andreas, the current Justices of the state Supreme Court, and the current Senators of the legislature shall be sufficient for the establishment of the state's Constitution.

(( The state constitution has been enacted by the Executive Office. Signatures are not required. ))