Palmshire Constitution

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The Constitution of the Commonwealth of Palmshire serves as the constitutional document that governs the working of the state government of Palmshire and the local government. Now no longer in effect since September 1st, 2010.

Preamble

We, the representatives of the people of the State of Palmshire, in Convention assembled, do ordain and establish this Constitution for its government.

Article One - Legislature

Section 1 - Legislature

The legislative powers shall be vested in the Senate of the Commonwealth, which shall consists of at least three Senators elected to a term of one year. Upon establishment of the government, three Senate districts shall be established for the following: 1st Senate District, 2nd Senate District, and 3rd Senate District.

Section 2 - Presidency of the Senate

The Senate shall be presided over by either Lieutenant Governor or Senate President. Senate President, other than Lieutenant Governor, may be a member of the Senate. Senate President shall be successor upon vacancy of the office of Secretary of State for the Commonwealth and upon taking the office, immediately appoints his/her replacement for remainder of his/her Senate term.

Section 3 - Legislative powers

The Senate shall have power to make law, to make monetary appropriations, to establish courts, regulate the commerce within the state, to make contract, and whatever appropriate legislative powers that shall be authorized under this article of the Constitution.

Article Two - Executive

Section 1 - Governor

The executive Power shall be vested in a Governor of the Commonwealth of Palmshire. He shall hold his Office during the Term of two Years, and, together with the Lieutenant Governor chosen for the same Term, be elected, as follows:

Governor and Lieutenant Governor shall be elected by the majority of the population.

In Case of the Removal of the Governor from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Lieutenant Governor, and the Senate may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the Governor and Lieutenant Governor, declaring what Officer shall then act as Governor, and such Officer shall act accordingly, until the Disability be removed, or a Governor shall be elected.

The Governor shall be Commander in Chief of the Army and Navy of the Commonwealth, and of the Militia of the Commonwealth, when called into the actual Service of the Commonwealth; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have power to Grant Reprieves and Pardons for Offenses against the Commonwealth, except in Cases of Impeachment.

The Governor shall have power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

He shall from time to time give to the Senate Information of the State of the State, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene the Senate, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the Commonwealth.

Section 2 - Lieutenant Governor

Lieutenant Governor of the Commonwealth of Palmshire shall be appointed by Governor of the Commonwealth. Lieutenant Governor shall serve as the presiding officer of the Senate. Lieutenant Governor shall be next successor upon vacancy of the office of Governor.

Section 3 - Secretary of State

Secretary of State for the Commonwealth shall be appointed by Governor of the Commonwealth. Secretary of State shall have powers to call election upon vacancy of any elective offices, both legislative and executive. Secretary of State shall keep and maintain the records of the State. Secretary of State shall be next successor upon vacancy of the office of Lieutenant Governor.

Section 4 - Restrictions on Executives

Governor shall not be a member of the Senate at the same time he/she holds the office of Governor. No such restriction, however, may apply to either offices of Lieutenant Governor and Secretary of State for the Commonwealth.

Section 5 - Impeachement

The Governor, Lieutenant Governor and all civil Officers of the Commonwealth, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article Three - Judiciary

Section 1 - State Supreme Court

The judicial powers shall be vested in the State Supreme Court with its three members appointed by Governor with consent of the Senate for a term of six years or until the vacancy. Upon vacancy of any of justices of the Supreme Court, a temporary appointment may be made to fill in until confirmation.

Section 2 - Powers

The state Supreme Court shall have powers to review and interpret the Constitution of the state. The state Supreme Court shall also have powers to hear, review, and judge the cases relating to the marriages, adoption, and whatever civil matters regulated by the State and the respective County.

Article Four - Local Government

Section 1 - Counties

The state Legislature shall have powers to create whatever or however many counties as long as all of the state is covered by the counties. Counties shall not overlap the boundaries of the districts. The boundaries of the districts shall be fixed at the overall border of the state in respective world.

Section 2 - Villages, Towns, and Cities

The state Legislature shall enact the law governing the types of localities below the county level. No localities may be abolished without its consent.

Section 3 - County Government

The county government shall consist of several offices. Judge-Executive shall serve as the chief executive officer of the county. Fiscal Court shall serve as the legislative department of the county. Sheriff shall serve as the chief law enforcement officer of the county. District Attorney or Commonwealth's Attorney, whatever name adopted by the County, shall serve as the chief prosecutor of the county. County Clerk shall serve as the chief records officer for the county, maintaining county records on lands, marriages, adoptions, and whatever civil matters that may be recorded and regulated by the State and the respective County. Officers of the county shall be appointed by the Governor of the Commonwealth until population of the county shall exceed ten at point which an election shall be mandated.

Section 4 - County Government Elections

County Judge-Executive shall be elected to a term of two years. Fiscal Court shall consists of at least three members, each representing a district of the County and elected to a term of one year. Sheriff shall be elected to a term of two years. District Attorney or Commonwealth's Attorney, whatever name adopted by the County, shall be elected to a term of one year. County Clerk shall be elected to a term of one year.

Section 5 - Government of the Localities

Regardless of the type of localities selected, a locality shall have its government consist of executive and legislative departments. Mayor shall serve as the chief executive officer. Council shall serve as the legislative department. Number of seats on Council and their term shall be determined by the charter granted to the locality.

Section 6 - Powers of Mayor

Mayor shall have powers to enforce law enacted by the Council, to make appointment of executive officers such as Police Chief and Fire Chief, to declare martial law should the extreme circumstances require it, and powers to generally fulfill the executive functions of the office.

Section 7 - Powers of the Council

Council shall have power to make laws, to make monetary appropriations, and powers to generally fulfill the legislative functions of the Council.

Article Five - Amending the Constitution

The state Legislature may amend the Constitution at any time by two-third.

Article Six - Ratification

This Constitution of the Commonwealth of Palmshire is hereby ratified on Fourth of July, Two-Thousand Four.

See also