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Constitution of Sierra
Constitution of Sierra
Original copy of the constitution
Created November 27, 1858
Ratified November 27, 1858
Location Library of Parliament
Porciúncula, Gold Coast, Sierra
Authors California Convention
Signatories 42 of 51 delegates
Purpose To replace the Constitution of California
Kingdom of Sierra
Coat of arms of Sierra.svg

This article is part of the series:
Politics and government of the
Kingdom of Sierra



The Constitution of Sierra is one of the two fundamental documents governing the government of the Kingdom of Sierra and the supreme law of the mainland territory of Sierra. The Constitution consists of a preamble, twenty-nine articles, and six amendments. The constitution's primary purpose is to establish the framework of the Sierran federal government and to describe the general entrenched rights, powers, and duties of all levels and branches of the Sierran government. Prior to 1950, the Constitution served as the highest law of the Kingdom. The Charter for the Kingdom of Sierra has since superseded the Constitution as the leading document although the Constitution remains the most influential and important of the two. According to the Charter, the Constitution affirms that the institutions that govern the Kingdom are the ones directly regulated by the Constitution. As a result, Sierra is the only one of the three countries that conducts its business domestically and internationally as the Kingdom of Sierra.

Promulgated in November 27, 1858, the constitution replaced the constitution of the California Republic and created the Kingdom along with the Crown. Every year, the anniversary of the constitution's enactment and ratification is celebrated on November 27 as Constitution or Sierra Day.

Under the Sierran common law system and the Constitution itself, the power to interpret the Constitution rests within the Supreme Court of Sierra, the highest established court in the Kingdom. The Constitution under most cases, does not apply to Sierra's territories or crown dependencies, with its incorporation and enforcement within these areas on the selective discretion of the Parliament or the Supreme Court. With few exceptions, none of the provisions of the Constitution applies in Sierra's fellow constituent countries the Deseret and Hawaii at all. Instead, both of these countries have their own constitution and government. The overarching legal document that unites all three under the same law is the Charter for the Kingdom of Sierra, which was passed in 1950. As a consequence, the Constitution is legally subordinate to the Charter. However, the Charter, which mainly describes the relationship between the countries and the Kingdom, has explicit text within it that defers various matters and powers back to each of the three countries' constitutions.

Text

Preamble

We, the sovereign people of the KINGDOM OF SIERRA, in the eyes of Providence, in order to create a more perfect and civil union, and establish a government that shall embody the principles of freedom, liberty, and prosperity, promote the common good, secure the future of ourselves and our posterity, the blessings and benefits of absolute sovereignty, autonomy, and independence and democracy under the rule of the law, do ordain and promulgate this most just CONSTITUTION.

Article I: The Kingdom

The Kingdom shall officially be called the "Kingdom of Sierra" which shall be used to affix, authenticate, and officiate all acts, documents, and properties conducted or owned by the Kingdom.

Section I: Land

The Kingdom shall comprise the entirety of the territory that was claimed, controlled, and maintained by the Republic of California on November 26, 1858 along with all the islands and waters embraced therein, and all other territories over which the Kingdom exercises sovereignty or jurisdiction including its airspace, its territorial seas, the seabed, the subsoil, the insular shelves, and other submarine areas and all islands held by the Crown including but not limited to, the Gilbert and Ellice Islands and their surrounding waters, the island and surrounding waters of Rapa Nui, the Hawaiian Islands and their waters, the eastern portion of the Samoan island group declared by international convention, the island and waters of Clipperton, and other unnamed atolls, islands, rocks, and land held by the Crown.

Section II: Flag

The flag of the Kingdom shall represent the Crown, the Government, and the People. It shall be a horizontal tricolor hesse composed of dark blue, gold, and maroon red featuring an off-white circle bearing a five-pointed star near the hoist and centered on the gold stripe as consecrated and honored by the People and recognized by law.

Section III: Coat of arms

The coat of arms of the Kingdom shall represent the Crown, the Government and the People. It shall be a Tierced per fess Azure, Or, and Gules a Mullet purpure fixed in a Roundel Argent. A double-headed eagle Sable rests upon the shield and is supported by a grizzly bear rampant proper on the Dexter side and a deer also rampant proper on the Sinister side. A tricolor band on the bottom of the seal assigned by our royal King Smith I that is to say "Libertas sine sacrifico" as consecrated and honored by the People and recognized by law.

Section IV: Language

The official languages of the Kingdom are: English; Spanish; Chinese of both the Mandarin and Cantonese dialect in the Traditional script; Vietnamese; Korean including its Hangul and Hanja scripts, Thai in the Thai script; Tagalog; Japanese including Kanji script and variants of Kana; and Serran.

Subsection I: Usage

The federal, provincial, and local government may use any of the particular official languages described for the purposes of government so long as its use in the immediate area of vicinity reflect the linguistic background of said area and uses at least two of the languages, preferably one of which includes the dominant majority language, English of the Sierran variant.

Subsection II: Other languages

Recognizing that there are other languages spoken by the People, the Government shall make no law prohibiting the use of a legitimate language, creole, or dialect nor shall it knowingly and willfully withhold and fail to provide information to private citizens who have no competence whatsoever of any of the official languages in a manner that would place them in inconvenience, danger, or violation of Law for failure to understand.

Section V: Motto

The official motto of the Kingdom shall be "Libertas sine sacrifico".

Article II: The Purpose of the Kingdom

Section I: Government

The Kingdom of Sierra is a monarchy bounded by this Constitution who concentrates power as the Crown which ultimately owes and confers the Sovereignty to the People. From here henceforth, the terms "Kingdom", "Government", "Crown", and "State" are interchangeable.

Section II: Duties

The Kingdom, through social contract, is established to protect, defend, and uphold the civil, political, religious, and social liberties of the People in both times of peace and in war. When necessary, the Government shall enact laws and exercise power to protect such liberties within reason and consideration of the People.

Section III: Invalidation of the Kingdom and the Constitution

All power is inherent in the People, and all free governments are founded on their authority and instituted for their peace, safety, happiness and the protection of property. For the advancement of these ends, they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may deem proper if ever the government has failed to honor this Constitution for an extended time or oppressed and neglected the People in such an extreme manner that it would nullify the social contract between People and State.

Article III: The Monarchy

Section I: The Monarch

1. The Monarch is the Head of the State and possessor of the Crown. The monarch is the symbol of the Kingdom's inherently interdependent organic unity and harmonious Society. He/she arbitrates and moderates the regular functioning of the institutions, assumes the highest representation of the Sierran State in international relations, and exercises the functions expressly conferred onto him/her by the Constitution and the laws.

2. His/her title is that of King or Queen of Sierra, and he/she may use the other titles expressively appertaining to the Crown.

Section II: Succession

1. The Crown of Sierra shall be immediately inherited by the successors of His Royal Highness Smith II, Protector of the Sierrans by the Grace of God, King/Queen of Sierra and Protector of the Sierrans, Sovereign of Los Pacifícos, the Gilbert and Ellice Islands, Rapa Nui, the Hawaiian and Midwayan Islands, the Sierran Samoa, and All Other Loyal Lands and Islands, the legitimate heir of the Columbia dynasty upon his death, abdication, or renouncement of the Crown. Succession to the throne shall follow the regular order of primogeniture and representation, the first line always having preference over subsequent lines; within the same line, the closer grade over the more remote; within the same grade, the elder over the younger, the paternal over the maternal.

2. The Crown Prince/Princess, from his/her birth or from the time he/she acquires the claim, shall hold the title of Prince or Princess of Mojave and the other titles traditionally held by the heir to the Crown of Sierra.

3. Should all the lines designated by law become extinct, Parliament shall provide for succession to the Crown in the manner most suitable to the interests of Sierra.

4. Those persons with a right of succession to the throne who marry against the express prohibition of the King and the Parliament, shall be excluded from succession to the Crown, as shall their descendants.

5. Children of illegitimacy shall be excluded from succession to the Crown, as shall their descendants.

6. Abdications and renunciations and any doubt in fact or in law that may arise in connection with the succession to the Crown shall be settled by an organic act.

Section III: Consort

The Consort of the Monarch shall assume no constitutional functions, except in accordance with the provisions of Regency.

Section VI: Regency

1. In the event of the King being under age, the age that being of eighteen, the King's father or mother or, in default thereof, the oldest relative of legal age who is nearest in succession to the Crown, according to the order established in the Constitution, shall immediately assume the office of Regent, which shall exercise during the King's minority.

2. If the King becomes unfit for the exercise of his authority, and this incapacity is recognized by the Parliament, the Crown Prince or Princess shall immediately assume the Regency, if he/she is of age. If he/she is not, the procedure outlined in the foregoing paragraph shall apply until the coming of age of the Crown Prince/Princess.

3. If there is no person entitled to assume the Regency, it shall be appointed by the Parliament.

4. In order to exercise the Regency, it is necessary that the candidate be of Sierran by birth and of legal age.

5. The Regency shall be exercised by constitutional mandate, and always on behalf of the King or Queen.

Section VII: Guardianship

1. The guardian of the King during his/her minority shall be the person appointed in the will of the deceased King or Queen, provided that he or she is of age and Sierran by birth. If a guardian has not been appointed, the consort of the decedent shall be guardian, as long as they remain widowed. In default thereof, the guardian shall be appointed by the Parliament, but the offices of Regent and Guardian may not be held by the same person, except by the father, mother, or direct ancestors of the King or Queen.

2. Exercise of the guardianship is also incompatible with the holding of any office or political representation.

Section VIII: Coronation and Ascension

1. The King, on being proclaimed before the Parliament, will swear to faithfully carry out his or her duties, to obey the Constitution and the laws and ensure that they are obeyed, and to respect the rights of citizens and the Self-governing Community.

2. The Crown Prince or Princess, on coming of age, and the Regent or Regents, on assuming office, will swear the same oath as well as that of loyalty to the King or Queen.

Section IX: Powers of the Monarch

Subsection I: Royal Prerogative

It is incumbent of the King or Queen:

a) To sanction and promulgate the laws.

b) To call for a referendum in the cases provided for in the Constitution.

c) To appoint and dismiss members of the Government with the consent and approval of Parliament.

d) To issue and confer civil and military positions as well award titles, honors and, distinctions to individuals in conformity with the law.

e) To be informed of the affairs of State and, for this purpose, to preside over the meetings of the Cabinet and the Privy Council whenever, he/she sees fit, at the Prime Minister's request.

f) To exercise supreme command of the Armed Forces.

g) To exercise the right of clemency, pardons, and reprieves in accordance with the law.

h) To declare war or peace with the consent and approval of Parliament.

i) To accredit ambassadors and other diplomatic representatives as well as receive foreign representatives in Sierra accredited before him/her.

j) To express the State's assent to international commitments through treaties, in conformity with the Constitution and the laws.

k) To issue passports and other documents pertaining or requiring the fixation of the Crown.

Subsection II: Royal Assent

It is incumbent of the King or Queen to exercise royal assent.

1. Every bill which shall have passed the House of Commons and the Senate, shall, before it becomes a law, be presented to the King or Queen and shall become promulgated upon the King or Queen's signing of Royal Assent. The King or Queen, shall reserve the power to withhold Royal Assent or veto after he/she has let his/her objections be known clear and explicit to the Parliament. If, after reconsideration by Parliament, the bill be agreed upon by two-thirds votes of both houses separately and collectively, the bill shall become law. If any bill shall not be assented nor vetoed expressively by the King or Queen within fourteen business days after it had been presented to him/her, the same shall be a law, in like manner, as if the King or Queen had assented to it, unless the Parliament by their adjournment prevent its return, in which case, it shall not be law.

2. Every individual, organization, corporation, or body seeking to receive the imprint of the Crown shall, before able to, and must file all petitions to the King or Queen who proscribes letters patent.

Subsection III: Royal Edicts, Decrees, and Proclamations

It is incumbent of the King or Queen, when deemed out of absolute necessity as in times of Emergency and with exhausted cooperation with the Prime Minister and Parliament:

a) To declare full-binding edicts, in conformity with the Constitution and the laws.

b) To suspend habeas corpus and other legal protections except that of those outlined explicitly within the Constitution.

c) To declare martial law.

Article IV: The Civil Executive Branch

Section I: The Prime Minister

The civil executive power shall be vested in a Prime Minister of the Kingdom and is the sole representative of the Monarch and executor of the King or Queen's conferred powers within the Civil Government.

Section II: Electoral selection, qualifications, and requirements

The Prime Minister shall hold his/her office during the term of four years, and together, with the Deputy Prime Minister, chosen for the same term, be elected as follows:

1) Each citizen free of criminal convictions, imprisonment, or legal complication, shall, on a day appropriated for election, shall vote by ballot for a candidate running for the office of Prime Minister.

2) That once the electoral process has concluded, that the candidate with the greatest number of votes become Prime Minister and that the winning candidate's running mate become Deputy Prime Minister.

3) That, the number of votes shall be calculated and processed by the Parliament or of a body appointed by Parliament to handle such process and presented before Parliament.

4) That in order to receive the office of Prime Minister, one must be a citizen of the Kingdom with no loyalties to any foreign state or organization, to be of or greater the age of 25, and been ten consecutive years a resident within the Kingdom including its territories or fourteen years a resident with seven years that of a consecutive fashion, and been free of conviction and punishment for a felony for 20 years; serious offenses to the State or its Provinces or Territories within 15 years; criminal offenses to the State or its Provinces or Territories within 10 years; or misdemeanors or minor offenses to the State or its Provinces or its Territories within 5 years.

5) That, if one attained citizenship through naturalization, one must meet all the requirements of the above and also have been a citizen for at least 15 years.

Section III: Powers, duties, and responsibilities

It is incumbent of the Prime Minister to:

a) fulfill certain dispensable powers of royal prerogative on behalf of the Monarch which include but not limited to:

i) To call for a referendum in the cases provided for in the Constitution.
ii) To appoint and dismiss members of the Government with the consent and approval of Parliament.
iii) To issue and confer civil and military positions as well award titles, honors and, distinctions to individuals in conformity with the law.
iv) To be informed of the affairs of State and, for this purpose, to preside over the meetings of the Cabinet and the Privy Council.
v) To exercise supreme command of the Armed Forces.
vi) To exercise the right of clemency, pardons, and reprieves in accordance with the law.
vii) To declare war or peace with the consent and approval of Parliament.
viii) To accredit ambassadors and other diplomatic representatives as well as receive foreign representatives in Sierra accredited before him/her.
ix) To express the State's assent to international commitments through treaties, in conformity with the Constitution and the laws.
x) To issue passports and other documents pertaining or requiring the fixation of the Crown.

b) preside over the sessions of the Senate as President and have one vote whether equally or unequally.

c) from time to time, inform Parliament information concerning the interests of the Crown and the Kingdom, and recommend to their consideration such measures as he/she shall judge necessary and expedient.

d) shall take care that the laws be faithfully executed, and shall commission all the officers of the Kingdom.

e) expound and execute any inherent executive powers not mentioned in the Constitution in conformity of said Constitution and the laws on behalf of the Crown.

Section IV: Impeachment

The Prime Minister, the Deputy Prime Minister, and all civil officers of the Kingdom shall be removed from office on impeachment for, and on conviction, of treason, bribery, and other high crimes and misdemeanors.

Section V: Succession

In case of the removal of the Prime Minister from office, or of his death, resignation, impeachment, or incapacity to discharge the powers and duties of said office on behalf of the Crown, the same shall devolve on the Deputy Prime Minister, and the Parliament may by law provide for the case of removal, death, resignation, impeachment, or incapacity, both of the Prime Minister and Deputy Prime Minister, declaring what officer then shall act as Prime Minister, and such officer shall act accordingly, until the disability be removed, or a Prime Minister shall be elected.

Section VI: Compensation

The Prime Minister, as shall his/her civil officers, at select times, receive for his/her services a compensation, which shall neither be increased or diminished during the period of which he shall have been elected, and he/she shall not receive within that period any other emolument from the Kingdom, or any of them without express consent of Parliament which matter shall first originate in the House of Commons.

Section VII: Oath of office

Before he/she enter on the execution of his/her office, he/she shall take the following oath or affirmation:–"I do solemnly swear (or affirm) that as the Prime Minister of the Kingdom of Sierra and His/Her Royal Highness' Representative and Civil Servant to the Sierrans, to faithfully execute the powers ascribed upon me by the Constitution. I declare that any and all actions I undertake shall be scrutinized to the fullest extent and that I shall only work in the interests of the People and the State. Ten thousand years, glory, glory to the King/Queen!"

Article V: The Legislative Branch

Section I: Parliament

All legislative powers herein granted shall be vested in a Parliament of the Kingdom, which shall consist of a Senate and a House of Commons.

Section II: Senate

Subsection I: Representation

The Senate of the Kingdom shall be composed of two Senators from each Province, chosen by the Electorate thereof, for six years; and each Senator shall have one vote.

Subsection II: Electoral classes

Senators shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class the fourth year, and of the third the sixth year, so that one-third may be chosen every second year; and if vacancies happen upon by resignation or otherwise, during the recess of legislature of any Province, the responsible Governor therefore shall issue writs of election to fill such vacancies.

Subsection III: Electoral qualifications and requirements

One must be a citizen of the Kingdom with no loyalties to any foreign state or organization, to be of or greater the age of 18, and been 9 consecutive years a resident within the Kingdom including its territories or 13 years a resident with seven years that of a consecutive fashion, and been free of conviction and punishment for a felony for 20 years; serious offenses to the State or its Provinces or Territories within 15 years; criminal offenses to the State or its Provinces or Territories within 10 years; or misdemeanors or minor offenses to the State or its Provinces or its Territories within 5 years.

Subsection IV: President

The Prime Minister shall be President of the Senate as declared in Article IV, § II, §§ b.

Subsection V: Other administrative officers

The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Prime Minister, or when he/she exercise the office of the Prime Minister.

Subsection VI: Role in Impeachment

The Senate shall have the sole power to try all impeachments; when sitting for that purpose, they shall be on oath or affirmation. When the Prime Minister is tried, the Chief Justice shall preside: and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the Kingdom: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law.

Section III: House of Commons

Subsection I: Representation

The House of Commons shall be composed of Commoners by number apportioned according to population from each Province, chosen by the Electorate thereof, for two years; and each Commoner shall have one vote.

Subsection II: Apportionment

The House of Commons shall be composed of Commoners based on population, determined through apportionment among the several Provinces which may be included within this Kingdom, according to their respective numbers whose enumeration shall be made every ten years, in such manner as they shall be law direct.

Subsection III: Electoral qualifications and requirements

One must be a citizen of the Kingdom with no loyalties to any foreign state or organization, to be of or greater the age of 18, and been 9 consecutive years a resident within the Kingdom including its territories or 13 years a resident with seven years that of a consecutive fashion, and been free of conviction and punishment for a felony for 20 years; serious offenses to the State or its Provinces or Territories within 15 years; criminal offenses to the State or its Provinces or Territories within 10 years; or misdemeanors or minor offenses to the State or its Provinces or its Territories within 5 years.

Subsection IV: Vacancies

When vacancies happen in the representation from any Province, the responsible Governor therefore shall issue writs of election to fill such vacancies.

Subsection V: Speaker and other administrative officers

The House of Commons shall choose their Speaker and other officers; and shall have the sole power of invoking claims for impeachment.

Section IV: Organization and Rules of the Houses

Subsection I: Membership and Quorums

Each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of members in absentee, in such manner, and under such penalties, as each house may provide.

Subsection II: Rules

Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member.

Subsection III: Publications

Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment warrant secrecy; and the yeas and nays of the members of each house on any question, shall, at the desire of one-fifth of those present, be entered on the journal.

Subsection IV: Adjournment

Neither house, during the session of Parliament, shall, without the consent of the others, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

Section V: Privileges

The Senators and Commoners shall receive a compensation for their services, to be ascertained by law and paid out of the treasury of the Kingdom. They shall in all cases except treason, bribery, felony, and breach of peace, be privileged from arrest during their attendance at the session of their respective houses and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.

Section VI: Prohibitions

No Senator or Commoner shall, during the time for which he/she was elected, be appointed to any civil office under the authority of the Kingdom, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the Kingdom shall be a member of either house during his/her continuance in office.

Section VII: Method of Lawmaking

It is incumbent of the Parliament that:

a) all bills for raising revenue shall originate in the House of Commons; but the Senate may propose or concur with amendments as on other bills.

b) Every bill which shall have passed the House of Commons and the Senate, shall, before it become a law, be presented to the Prime Minister in a manner as described in Article III, § IX, §§ II.

c) every order, resolution, or vote to which the concurrence of the Senate and House of Commons may be necessary (except on a question of adjournment) shall be presented to the King/Queen of the Kingdom; and before the same shall take effect, shall receive Royal Assent from him/her, or being disapproved or neglected by him/her, shall be repassed by two-thirds of the Senate and House of Commons, according to the rules and limitations prescribed in the case of a bill.

Section VIII: Powers Granted to Parliament

It is incumbent of Parliament to:

a) lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the Kingdom; but all duties, imposts, and excises shall be uniform throughout the Kingdom.

b) borrow money on the credit of the Kingdom.

c) regulate commerce with foreign nations, and among the several Provinces, and with the Indian tribes.

d) establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the Kingdom.

e) coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures.

f) provide the punishment of counterfeiting the securities and current coin of the Kingdom.

g) promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective works and discoveries.

h) establish post offices and post roads.

i) constitute tribunals inferior to the Supreme Court.

j) define and punish piracies and felonies committed on the high seas and offenses against international law.

k) declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.

l) raise and support armies, but no appropriation of money to that use shall be for a longer term than two years.

m) provide and maintain a navy.

n) provide and maintain an air force.

o) make rules for the government and regulation of the land, naval, and aerial forces.

p) provide for calling forth the militia to execute the laws of the Kingdom, suppress insurrections, and repel invasions.

q) provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Kingdom, reserving to the Provinces respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Parliament.

r) create laws pertaining to citizenship, special status nationals, foreign nationals, and other persons.

s) 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 Kingdom, or in any departure or officer thereof.

Section IX: Powers Denied to the Federal Government

It is forbidden of the Parliament that:

a) the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

b) no bill of attainder or ex post facto law shall be passed.

c) no capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.

d) no tax or duty shall be laid on articles exported from any Province or Territory.

e) no preference shall be given by any regulation of commerce or revenue to the ports of one Province over those of another; nor shall vessels bound to, or from, one Province, be obliged to enter, clear, or pay duties in another.

f) no money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

g) No title of nobility shall be granted without the express consent of the King/Queen, the fount of honor; and no civil officer holding office of profit or trust under them, shall, without consent of both the King/Queen and Parliament, accept of any present, emolument, office, or title, of any kind whatever, from any sovereign or foreign state.

Section X: Powers Denied to the Provinces

It is forbidden of the Provinces that:

a) no Province shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bills of attainder, ex post facto, or law impairing the obligation of contracts, or grant any title of nobility of which the last instance requiring the express consent of the King/Queen.

b) no Province shall, without the consent of Parliament, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts, laid by any Province on imports or exports, shall be for the use of the treasury of Kingdom; and all such laws shall be subject to the revision and control of the Parliament.

c) No Province shall, without consent of Parliament, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another Province, or with a foreign power, or an Indian tribe, or engage in war, unless actually invaded or in state of insurrection, or any other such imminent danger as will not admit of delay.

Article VI: The Judicial Branch

Section I: Federal Courts

The judicial power of the Kingdom shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. the judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall be neither raised nor diminished during their continuance in office without consent of Parliament and the assent of the Crown.

Section II: Jurisdiction

Subsection I: Cases

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the Kingdom, and treaties made, or which shall be made, under this authority;–to all cases affecting ambassadors, other public ministers and consuls;–to all cases of admiralty and maritime jurisdiction;–to controversies to which the Kingdom shall be a party;–to controversies between two or more Provinces;–between citizens of different Provinces;–between citizens of the same Province claiming lands under grants of different Provinces, and between a Province, or the citizens thereof, and foreign states, citizens or subjects.

Subsection II: Supreme Court

In all cases affecting the ambassadors, other public ministers and consuls, and those in which a Province shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations, as the Parliament shall make.

Subsection III: Federal trials by jury

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the Province where the said crimes shall have been committed; but when not committed with any Province, the trial shall be at such place or places as the Parliament may by law have directed.

Subsection IV: Treason

Treason against the Kingdom shall consist only in levying war against it, or in adhering to its enemies, giving them aid or comfort; or succeeds in or attempts to inflict harm upon the Monarch, his/her ministers, or the Government. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. The Parliament shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attained.

Article VII: The Provincial Government

Subsection I: Reserved powers

The powers not delegated to the Kingdom by the Constitution, nor prohibited to the Provinces, are reserved to the Provinces respectively, or to the People.

Subsection II: Suits against provinces

The judicial power of the Kingdom shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the Kingdom by citizens of another Province or by citizens or subjects of any foreign state.

Article VIII: Admission of new Provinces

New Provinces may be admitted by Parliament; but no new Province shall be formed or erected within the Jurisdiction of any other Province; nor any Province be formed by the Junction of two or more Province, or Parts of Provinces, without the Consent of the Legislatures of the Provinces concerned as well as of Parliament.

The Parliament shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the Kingdom; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the Kingdom, or of any particular Province.

Article IX: Citizenship

All persons who meet any of the requirements listed by the following shall constitute as a citizen of the Kingdom:

1) Those who were citizens of the California Republic at the time of the adoption of this Constitution;

2) Those whose fathers or mothers are citizens of the Kingdom;

3) Those naturally born on soil or other areas under jurisdiction of the Kingdom be it province, territory, overseas post, or extraterritorial lands; and

4) Those who are naturalized in accordance with law.

All persons qualifying of citizenship are subject to the jurisdiction thereof. No Province shall make or enforce any law which shall abridge the privileges or immunities of citizens of the Kingdom; nor shall any Province deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Article X: Religious Freedom

The Parliament shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof nor shall any other Parts of Government including the Crown establish or prohibit the same.

Article XI: Arms and Civil Defense

A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Article XII: Speech, Press, and Assembly

Parliament shall make no law abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances nor shall any other Parts of Government including the Crown abridge or inhibit the same.

Article XIII: Quartering of Troops

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Article XIX: Search, Seizures, and Warrants

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article XX: Trials

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation; and in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the Province and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him/her; to have compulsory process for obtaining witnesses in his/her favor, and to have the Assistance of Counsel for his/her defense.

Article XXI: Punishment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article XXII: Other Rights

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article XXIII: Amendments

Parliament, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several Provinces, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several Provinces, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by Parliament; and that no Province, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Article XXIX: Ratification

The Ratification of the Conventions of twenty-two Provinces, shall be sufficient for the Establishment of this Constitution between the Provinces so ratifying the same. Done in Convention by the Unanimous Consent of the Provinces present the Twenty-Seventh of November in the Year of our Lord one thousand eight hundred and Fifty eight and of the Independence of the Kingdom of Sierra In Witness whereof We have hereunto subscribed our Names,

Smith Charles Miller (President of the Convention)


Joseph Aram

Charles T. Botts

Elam Brown

José Antonio Carrillo

José María Covarrubias

Elisha Oscar Crosby

Lewis Dent

Kimball Hale Dimmick

Manuel Dominguez

Alfred James Ellis

Stephen C. Foster

John C. Fremont

Edward Gilbert

Pablo de la Guerra

William M. Gwin

Henry Wager Halleck

Julian Hanks

Henry Hill

Jacob David Hoppe

John McHenry Hollingsworth

James McHall Jones

Thomas O. Larkin

Francis J. Lippitt

Benjamin S. Lippincott

Benjiman F. Moore

Morton Matthew McCarver

John McDougall

Myron Norton

Pacificus Ord

Miguel de Pedrorena

Rodman M. Price

Antonio Maria Pico

Pío Pico

Jacinto Rodriguez

Hugo Reid

Pedro Sainsevain

William E. Shannon

Winfield S. Sherwood

Abel Stearns

John Sutter

M. G. Vallejo

Thomas L. Vermeule

Joel P. Walker

Amendment I: Prohibition of Slavery

Subsection I: Slavery

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the Kingdom, or any place subject to their jurisdiction.

Subsection II: Enforcement

Parliament shall have power to enforce this article by appropriate legislation.

Amendment II: Territorial Rights

Subsection I: Powers granted to Territories

The powers not delegated to the Kingdom by the Constitution, nor prohibited to the Territories, are reserved to the Territories respectively, or to the People.

Subsection II: Powers forbidden to Territories

It is forbidden of the Territories that:

a) no Territory shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bills of attainder, ex post facto, or law impairing the obligation of contracts, or grant any title of nobility of which the last instance requiring the express consent of the King/Queen.

b) no Territory shall, without the consent of Parliament, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts, laid by any Territory on imports or exports, shall be for the use of the treasury of Kingdom; and all such laws shall be subject to the revision and control of the Parliament.

c) No Territory shall, without consent of Parliament, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another Territory, or with a foreign power, or an Indian tribe, or engage in war, unless actually invaded or in state of insurrection, or any other such imminent danger as will not admit of delay.

Amendment III: Federal Capital

The Capital constituting the seat of Government of the Kingdom shall be the City of Porciúncula of the Province of the Gold Coast. Only shall acts made by the Government of the Kingdom prevail over all the Provinces and that the central Government of the inferior Province of the Gold Coast shall render no effect beyond its jurisdiction constrained to its territory including the Capital. Parliament, shall when necessary, have the power to create and enforce laws separating the central federal bodies and assets of the Government from the inferior Government and to direct the Policies of the portions of the City within proximity of central Government buildings.

Amendment IV: Secession

In the event that a constituent Province of the Kingdom deem its unfit to remain part of the Kingdom, its People shall petition to Parliament concerning the request concerning their inherent right to create, modify, and dissolve Governments. Two-thirds of the People of the seceding Province shall affirm their interest desiring the secession, two-thirds of the Parliament of both houses shall affirm their interest promoting the secession separately and jointly in each respective houses, and the King/Queen shall assent to the separation of the Province and Kingdom before secession may take effect. The Parliament shall have the power to create and enforce any laws concerning secessions as well to ensure the Safety and Competence of any succeeding seceding Provinces absolving its allegiance to the Kingdom.

Amendment V: Sex and race-neutral Suffrage

The right of citizens of the Kingdom to vote shall not be denied or abridged by the Kingdom or by any Province or Territory on account of race, color, previous condition of servitude, or sex. Parliament shall have power to enforce this article by appropriate legislation.

Amendment VI: Lowering voting age

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the Kingdom or by any Province or Territory on account of age. Parliament shall have the power to enforce this law through appropriate legislation.

Historical context

With the majority of its content drawing directly from the contents of the United States Constitution, the Sierran constitution was written with the formation of a new kingdom that would supersede the California Republic and its constitution. In 1857, the government of California acknowledged that it was struggling to maintain law and order and needed a stronger, central government to keep the country from descending into anarchy or falling suspect to foreign neighbors.

Answering the urgent call, over a hundred delegates representing regions throughout the country were summoned in San Francisco City to draft a new constitution. Two main factions dominated the constitutional convention: the republicans, who desired to continue the republican model of California, and the monarchists, who wanted to establish a monarchy.

Drafting

Constitutional Convention

Judicial review

See also

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