AHSCA Constitution
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Revision as of 19:01, 4 October 2011
The Constitution of the United Island States of AHSCA is the supreme law of the nation. It is the framework for the organization of the Royal and Federal government and for the relationship of the federal government with the states, citizens, and all people within the United Island States.
The first three Articles of the Constitution establish the three branches of the national government: a legislature, the unicameral Congress; an executive branch led by the President; and a judicial branch headed by the Supreme Court. They also specify the powers and duties of each branch. All unenumerated powers are reserved to the respective states and the people, thereby establishing the federal system of government.
The Constitution was adopted on March 17, 2007, by the Constitutional Convention on Aurora Island, and ratified by conventions in each state in the name of "The People".
The Constitution hold a central place in United States law and political culture. The handwritten original document penned by the Founders Council and is on display at the National Archives and Records Administration in Aurora.
Contents |
History
During The War for Unification the islands seeking to end the occupation by the foreign powers and no longer being subjected to protectorate status by a foreign state had declared themselves independent as a fully sovereign state not under the control and jurisdiction of any nation. Wanting to solidify this in the minds of other foreign nations the Founders Council which comprised of all island's leaders and highly educated gathered together on Aurora Island to draft a binding document to unite the states and establish a system of Government.
The first meeting began as early as December 31, 2006 but war occupation and fighting forced most to remain in hiding or on the battlefields. Taking advantage of a momentary ceasefire brought on by a major hurricane the leaders once again assembled in several rusted out bunkers along the island leftover from previous occupations and the current one. Delegates from each island discussed what kind of a Government could they establish and what laws should govern all people and what matters should be decided by the states themselves. With an island mostly comprised of Monarchies and one Tribal State, each of the states agreed to forming a Central Monarchy but allowing each island to maintain their own system of governing. With duchess Shino Villa still a POW much of it was formed with her ideals in mind. Shino had long been desiring the islands to unite under Aurora's Duchy Government and now with the islands being held by several foreign interests the matters were more pressing.
Articles of the Constitution
Each article defines the purpose of the Government and the power granted to the States and its people. Under the law the AHSCA Constitution can be altered changed and amended upon through a Meeting of Congress and Island State Leaders through a Constitutional Convention. Currently no other Constitutions Conventions have been called since the first Convention.
Preamble
The Preamble to the AHSCA Constitution is a brief introductory statement of the Constitution's fundamental purposes and guiding principles. It states in general terms, and courts have referred to it as reliable evidence of, the intentions regarding the Constitution's meaning and what they hoped the Constitution would achieve.
"We the People of these United Island States, in Order to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defense promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of AHSCA.
Article One
Article One describes the Congress, the legislative branch of the federal government. The United States Congress is a unicameral body comprised of Two Senators from each island.
The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, be a citizen of the United States for seven years, and live in the state they represent. Senators must be at least 15 years old, be a citizen, and live in the state they represent.
Article I, Section 1, reads, "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." This provision gives Congress more than simply the responsibility to establish the rules governing its proceedings and for the punishment of its members; it places the power of the government primarily in Congress.
Article I Section 8 enumerates the legislative powers. The powers listed and all other powers are made the exclusive responsibility of the legislative branch:
The Congress shall have power... To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Article I Section 9 provides a list of eight specific limits on congressional power and Article I Section 10 limits the rights of the states.
The United States Supreme Court has interpreted the Commerce Clause and the Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly listed in the enumerated power nor expressly denied in the limitations on Congress.
