Draft

This document establishes a sovereign Federation of States, built upon the principles of decentralization, separation of powers and limited government. This document shall be the supreme law of the Federation. Any law inconsistent with this document shall be void.

Article I: Federal Structure

Section 1

The States of the Federation shall enjoy broad autonomy. Matters related to issues such as education, social welfare, infrastructure, taxes, economic affairs and all other matters not addressed by this Constitution, shall be the exclusive domain of the States.

Section 2

No State shall prosecute, punish, restrict or otherwise impose a burden on any individual, business or other entity for legal conduct outside the State. Nor shall any State ban, restrict or impose an extra tax or other burden on the buying and selling of imported goods and services, based on how they were produced outside of the State. A State may however require the labeling of imported goods and services with the means of production in a neutral manner. This clause shall not be construed to mean that evidence from outside the State may not be used in court cases, nor that factors outside the State may not be considered when assessing the value of properties inside the State for tax purposes.

No State shall put in place tariffs or other trade barriers on exports or imports to protect their local industry from outside competition, neither from other States nor from foreign nations, except what may be absolutely necessary for executing the State's inspection laws. Any exceeding revenue shall be destroyed.

No State shall discriminate against citizens of other States in favor of its own citizens in regards to basic privileges and immunities. Such privileges and immunities include protection by the government; the enjoyment of life and liberty; the right of a citizen of one State to pass through, or to reside in any other State, for purposes of trade, agriculture, professional pursuits, or otherwise; to claim the benefits of the writ of habeas corpus; to initiate and maintain legal actions in State courts; to own, hold, and dispose of property; and to be exempt from higher taxes or impositions than those paid by other State citizens.

No State shall have a jurisdiction larger than 150000km²

No State shall enter into any military treaty or alliance, grant privateering licenses, coin money or issue currency, emit bills of credit, or pass any law that impairs the obligation of contracts entered outside the State.

No State shall, without the consent of the Expenditure Congress, lay any duty of tonnage, keep troops, or military equipment in time of peace, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

Section 3

Each State shall recognize the public acts, records, and judicial proceedings of every other State. However, this does not mean that a State must enforce another State’s judgment or statute if it contradicts its own public policy.

A person charged with a crime in any State who flees from justice and is found in another State shall, upon request from the executive authority of the State from which they fled, be returned to the State with jurisdiction over the crime.

Section 4

Physical property shall only be taxable by the State where it is located. Property which is difficult to assign to a physical location, such as digital currency, shall only be taxable by the State where the owner is resident. Cross-border transactions, such as remote work or online purchases, shall only be taxable by one State according to rules set by the Expenditure Congress, but there shall not be any special tax on cross-border transactions that would institute a tariff, and the rules shall be based on the nature of the transaction, and shall not take into consideration the tax rates or financial situation of the different States.

Section 5

Every State in the Federation shall be on an equal footing; and no federal law shall discriminate against any State unless it is predicated on a real and substantial difference relevant to the power under which the law is enacted.

Section 6

The federal government shall guarantee to every State in the Federation a republican form of government, with appropriate checks and balances, and separation of powers, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence. Every State shall have an independent judiciary, and a separation between the power to spend and the power to raise revenue. The federal courts shall have jurisdiction to decide whether a State has denied its people a republican form of government.

Section 7

New States may by law be admitted into the Federation by the Expenditure Congress, but no new State shall be formed within the jurisdiction of an existing State, nor any State be formed by the merger of two or more existing States, without the consent of the legislatures of the States concerned as well as of the Expenditure Congress. The only exception to this is that the Expenditure Congress may, by law, form a new State from the territory of an existing State upon petition from citizens of that State, the recognition of such petitions to be regulated by the Expenditure Congress.

The Expenditure Congress shall have the the authority to manage and regulate the territories and properties owned by the federal government. Additionally, nothing in this Constitution should be interpreted in a way that harms the claims of the Federation or any individual State.

Section 8

Upon the identically-worded resolutions of the legislatures of two-thirds of the States, or of States with two-thirds of the national population, any federal law or regulation, identified with specificity, is thereby rescinded; once rescinded, such a law may be reenacted according to the procedures specified in Article II.

Section 9

This Constitution, along with the laws of the Federation enacted in accordance with it, and all treaties made under the authority of the Federation, shall be the supreme law of the land. Judges in every State shall be bound by it, regardless of any conflicting provisions in State constitutions or laws. Federal Senators and Representatives, members of State legislatures, and all executive and judicial officers at both the federal and State levels shall be bound by oath or affirmation to support this Constitution. However, no religious test shall ever be required as a qualification for any office or public trust under the Federation.

Article II: Legislative Branch

Section 1

All federal legislative powers shall be divided between two distinct legislative bodies. One shall be known as the Revenue Congress, and the other as the Expenditure Congress. Each Congress shall consist of two separate chambers: a Senate and a House.

Section 2

The House shall consist of 550 Representatives. Of these, 500 Representatives shall be elected through a nationwide popular vote, and ensure proportional representation of the electorate. Specifically, they shall be elected via a closed party-list system, where each political party receives a number of seats proportional to their share of the vote. There shall be no minimum threshold of votes required for a political party to obtain their share of the seats, other than the minimum threshold dictated by the number of available seats. Additionally, 50 Representatives shall be selected through sortition in a lottery where all eligible citizens can enter their names.

Representatives shall serve four-year terms, with elections and selections occurring every four years. The election and selection of Representatives in the Revenue Congress shall be staggered by two years compared to those in the Expenditure Congress. Each Representative shall have one vote in the House. The terms of Representatives shall begin at noon on the third Monday of June following the election and shall end at the same time four years later. In the event of vacancies in elected seats, the political party that originally filled the seat shall be entitled appoint a new Representative to serve the remainder of the term. Vacancies in selected seats shall remain unfilled until the full four-year term has elapsed.

Section 3

The Senate shall consist of two Senators from each State. Senators shall be appointed by their respective State governments in accordance with their State constitution. In the event of vacancies, the State may appoint a new Senator to serve the remainder of the term. Each Senator shall have one vote in the Senate.

The terms of Senators shall begin immediately upon appointment and shall conclude concurrently with the terms of the Representatives in the Revenue Congress who were serving at the time of the appointment.

Section 4

Each State legislature shall prescribe the exact times, places and other details of polling stations in their respective State for the election of Representatives, but the Electoral branch may at any time make or alter such regulations.

No person shall be a federal legislator who is not at least 25 years of age.
No person shall be a federal legislator who has already served three terms as a federal legislator.
No person shall be a federal legislator who is also holding a position at the Judicial branch or Electoral Commission.
No person shall be a federal legislator who has already served or is serving as a federal Constitutional Court Justice.
No person shall serve as a federal legislator in both the Revenue Congress and Expenditure Congress at the same time, nor shall any person hold multiple seats in a single Congress.
No person shall serve as a federal legislator whilst also serving as a legislator, governor, judge or other government official in a State government.

Section 5

Each Senate and each House shall have a board of proposed legislation where members can at any time add their own proposed bills, as well as their signature to proposed bills to signal their affirmative vote. For a bill to become law it shall have passed both chambers of the appropriate Congress. For a bill to pass a chamber it shall have gotten affirmative votes of more than 60% of the whole chamber, including vacant seats. The only exception are bills which solely repeal one or more previously passed bills in their entirety, they shall only need 50% affirmative votes to pass, and shall only need to pass in one chamber of the appropriate Congress to come into effect. Repeal-bills themselves and bills admitting new States into the Federation cannot be repealed through this mechanism. All changes to the constitution must go through the constitutional amendment proceure outlined in article 8. All bills shall cite where in the constitution the scope of the legislation is authorized.

Affirmative votes for bills in the Revenue Congress that raise taxes, borrow on credit, or otherwise tries to raise revenue shall implicitly also count as an affirmative vote for bills that tries raise revenue by the same mechanism but by a lower amount.

Each Senate and each House shall keep a journal of its proceedings, and from time to time publish said journal, excepting parts that may in their judgment require secrecy. All votes shall be entered on the journal.

Each Senate and each House may otherwise determine the rules of its proceedings as long as they are compatible with constitutional requirements.

Section 6

Senators and Representatives shall in all cases, except felony and breach of the peace, be privileged from arrest during their attendance of their respective chambers, and in going to and returning from the same; and for any speech or debate in either chamber, they shall not be questioned in any other place.

No Senator or Representative shall, during the time for which they were elected, be appointed to any civil office which shall have been created, or the emoluments whereof shall have been increased during such time.

Section 7

The Revenue Congress shall have the exclusive authority to lay the taxes authorized by this constitution, borrow on credit, create money or otherwise raise general revenue for the federal government. All money raised shall immediately either go into the federal treasury, or be used to pay the federal debt.

The Revenue Congress shall have the power to lay a flat or progressive tax, with no deductions, on the gross revenues of State governments. The Revenue Congress may appoint treasury officers to the several States to ensure that the tax is paid.
The Revenue Congress shall have the power to create money and regulate the value of money it has created. The States shall accept federal monies as payment for taxes and other debts owed to the State government, but private currencies shall not be prohibited by the federal government.
The Revenue Congress shall with a 3/4 majority in both chambers have the power to borrow on credit.
The Revenue Congress shall have the power to pay the debts of the Federation.
The Revenue Congress shall have the power to regulate the pay of members of the Expenditure Congress and Federal Council.

Section 8

The Expenditure Congress shall have the exclusive authority to appropriate money in the federal treasury. No money shall be drawn from the treasury, but in consequence of appropriations made by law, all such appropriations to expire after two years; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

The Expenditure Congress shall have the power to maintain and regulate armed forces for national defense and preserve the security of the Federation;
To declare war, or authorize military action in the absence of an invasion of the Federation or its territorial possessions, or an attack upon its citizens residing therein; grant privateering licenses, and make rules concerning captures on land and water;
To regulate commerce with foreign nations, provided that this provision shall not be construed to authorize regulation of activity with indirect effects on international trade. Tariffs may be instituted, but they shall not be used to raise general revenue, and any revenue in excess of what is needed to keep the inspections self-sustainable shall be destroyed;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the Federation, provided that this shall not be construed to authorize legislation prohibiting the entry into the Federation of any person entering for peaceful, non-criminal reasons, and who is not suffering a contagious disease;
To define and punish piracies and felonies committed on the high seas, and offences against the law of nations;
To ratify treaties with other nations, provided the treaty does not enlarge the legislative powers of the federal legislatures;
To regulate pollution and use of the common air and bodies of water crossing State borders;
To regulate the use of antimicrobials, for the purpose of preventing the development of antimicrobial resistant pathogens;
To establish a system for assigning rights to the electromagnetic spectrum or similarly rivalrous wireless telecommunication channel;
To establish rules for determining which State cross-border transactions are taxable to;
To standardize units of measurement, calendars and time zones.
To standardize traffic rules.
To establish official languages of the Federation. States must produce official documents in official languages upon request, but States shall not be prohibited from establishing additional official languages inside their jurisdictions.
To conduct a mandatory census to determine the number, age and sex of the population of the several States. No further information shall be inquiried about, and no data or tabulation may be produced that could be used to identify an individual.
To promote the progress of science and useful arts, by securing for a limited time to creators and inventors the exclusive right to their intellectual property;
To prevent and punish murder, assault, kidnappings, rape, threats, theft and fraud;
To establish rules regarding the custody of minors;
To establish federal tribunals inferior to the Constitutional Court;
To pay the debts of the Federation;
To regulate the pay of members of the Revenue Congress.
To make laws to ensure that all branches of government whether State or federal follows this constitution.
To make incidental laws which shall be necessary and proper for carrying into execution the foregoing powers.

All contracts between the government of the Federation and other parties stated in a fixed fiat sum, and all fixed fiat sums contained in federal laws, shall be adjusted annually to allow for the change in the general level of prices during the prior year.

Section 9

The Expenditure Congress shall not impose upon a State, or political subdivision thereof, any obligation or duty to make expenditures unless such expenditures shall be fully reimbursed by the federal government; nor shall the Expenditure Congress place any condition on the expenditure or receipt of appropriated funds requiring a State, or political subdivision thereof, to enact a law or regulation restricting the liberties of its citizens or otherwise effecting any power not within the authority of authority of the Expenditure Congress. Should a State decline appropriated funds with conditions on its expenditure, an amount of the appropriation prorated by the population of that State shall be paid to the State as a block grant to be expended for the general purpose of the appropriation.

The Expenditure Congress shall not raise general revenue of any kind, and shall solely fund their bills with money already in the federal treasury, or create self-sustainable programs. The Expenditure Congress may institute user fees to make programs self-sustainable, but all user fees shall either be a fixed sum per user or proportional to the amount of service recieved. Any revenue that exceeds what is neccessary to make a program self-sustainable shall be destroyed. The Expenditure Congress may also institute fines and penalties to discourage and penalize illegal behaviour, but all revenue from such punitive fines shall be destroyed upon receipt.

Article III: Executive Branch

Section 1

The power to execute federal laws shall be vested in a Federal Council. The Federal Council shall consist of five Ministers. Namely, a Minister of Defense, a Minister of Environment, a Minister of Finance, a Minister of Foreign Affairs and a Minister of Justice.

Section 2

Following the inauguration of a new House in the Expenditure Congress, the new Representatives and sitting Senators in the Expenditure Congress shall elect Ministers in a joint sitting as soon as possible. Specifically, the political parties which get to fill the Ministerial positions shall be elected by secret ballot by the Representatives and Senators in the Expenditure Congress using a proportional ranked choice electoral method which produces a ranked list of five winners. The parties shall get to choose which ministerial position to fill in the order of the ranked list.

The terms of Ministers shall begin immediately after their selection by their party, and last until the next House in the Expenditure Congress has elected their new Ministers, but under no circumstance shall their terms last more than 30 days after a new House in the Expenditure Congress has been inaugurated.

Before a Minister takes office, they shall take the following Oath or Affirmation:—"I do solemnly swear (or affirm) that I will faithfully execute the tasks of my office, and will to the best of my ability, preserve, protect and defend the Constitution of the Federation."

Section 3

No person shall be a Minister who is not at least 25 years of age.
No person shall be a Minister who has already served two terms as a Minister.
No person shall be a Minister who is also holding a position at the Judicial branch or Electoral Commission.
No person shall be a Minister who has already served or is serving as a Constitutional Court Justice.
No person shall serve as more than one Minister at a time.
No person shall serve as a Minister whilst also serving as a legislator, governor, judge or other government official in a State government.

Article IV: Judicial Branch

Section 1

The federal judicial power shall be vested in a Constitutional Court, and in inferior courts established by the Expenditure Congress. The courts shall be responsible for the administration of justice in accordance with federal law and the Constitution.

Section 2

The Constitutional Court shall consist of one Constitutional Court Justice from each State. Each State legislature shall appoint one Constitutional Court Justice to serve for a 20-year term. In the case of vacancies, the relevant State legislature shall appoint a replacement to serve for the remainder of the term.

No person shall be a Constitutional Court Justice who is not at least 25 years of age.
No person shall be a Constitutional Court Justice who has served or is serving as a federal legislator or federal Minister.
No person shall be a Constitutional Court Justice who has already served a term as a Constitutional Court Justice.
No person shall serve as more than one Constitutional Court Justice at a time.

Section 3

The Constitutional Court shall be the ultimate appellate court, and have the authority to judge the constitutionality of laws and their execution. If at least 50% of Constitutional Court Justices vote for the unconstitutionality of a law or the execution of it, the law in question or the way it is executed shall be deemed unconstitutional.

The Constitutional Court shall have original jurisdiction over cases with States on opposing sides and States and the federal government on opposing sides.

The Constitutional Court shall have appellate jurisdiction over all other federal court cases, and State court cases that involve a point of constitutional or federal law.

Section 4

All courts shall be independent and autonomous entities separate from the other branches of government. Neither the Executive nor Legislative branch shall have in-house courts. This shall also apply to the States.

Interference with the activities of a judge or the courts of law by any institutions of state power, political parties, public organizations, person or other entity, shall be prohibited and incur liability as provided for by law.

The judges, both of the Constitutional and inferior courts, shall receive a compensation determined by law for their work, which shall not be reduced during their tenure.

Section 5

The courts shall render decisions on civil law and criminal law matters, and may review the decisions of administrative bodies. The judiciary shall enjoy exclusive competence to determine the innocence or guilt of the accused pursuant to law, without interference from the legislative or executive authorities.

Governmental institutions and administrative bodies shall comply with court decisions; these entities shall neither alter court decisions in any respect nor delay their execution.

Unless otherwise specified in the applicable law for the purpose of protecting the private lives of the parties, protecting the interests of minors, protecting a business secret, or protecting another important public or security interest, all courts shall hold proceedings in public and all judicial decisions shall be announced publicly.

Section 6

A Judicial Service Commission shall ensure the autonomy, independence, impartiality, competence, and efficiency of the judiciary.

The responsibilities of the Judicial Service Commission shall include, but shall not be limited to oversight of the judiciary’s budget; the administration of the judiciary; and the appointment, discipline, and removal of prosecutors, deputy prosecutors, and judges, apart from the judges of the Constitutional Court. The composition and additional responsibilities of the Judicial Service Commission shall be defined by law.

Article V: Electoral Commission

Section 1

The power and responsibility of holding fair and democratic elections shall be vested in an independent Electoral Commission.

Article VI: Inspector General

Section 1

The Inspector General shall have the power to conduct investigations and audits of the federal government to uncover corruption, abuse of power, and other unconstitutional practices. The Inspector General shall have standing to sue the federal government for any reason.

Section 2

The Inspector General shall be elected through a nationwide popular vote. Specifically they shall be elected through the Ranked Pairs method. The election and inauguration of the Inspector General shall coincide with the election and inauguration of the House of the Revenue Congress. The Inspector General's term shall last four years.

Section 3

The Inspector General shall not hold any other government office.

Article VII: Bill of Rights

Section 1

No government body or actor shall prohibit the free exercise of any religion; or abridge the freedom of speech, of conscience, or of the press; or the right of the people peaceably to assemble or associate with each other, or not to associate with each other, and to petition the government for a redress of grievances; or infringe the right to the fruits of one’s labors, or the right to live a peaceful life of one’s choosing. The freedoms of speech and conscience include the freedom to make contributions to political campaigns or candidates for public office, and shall be construed to extend equally to any medium of communication.

Section 2

No government body or actor shall impede the free movement of people between the States and other territories of the Federation, nor shall any government body or actor impede on the right to emigrate from the Federation. No government body or actor shall impose any special taxes on emigration from a State or from the Federation, but unrealized gains may be considered realized for tax purposes if the asset is also emigrating.

Section 3

No person shall be disturbed in their private affairs, or their home invaded, without a warrant, except where circumstances will not admit of delay, 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. This shall apply to all searches of private property, including when third parties are involved in storing information or property of an individual.

Section 4

Neither slavery nor involuntary servitude shall exist within the Federation, or any place subject to its jurisdiction, including as punishment for a crime. The only exception to this shall be that the Expenditure Congress may institute a military draft in times of war, or in the case of imminent invasion.

Section 5

No government body or actor shall profit from punishing illegal activity. Monetary fees, penalties or similar punishments for illegal activities shall be destroyed upon payment. In the case of non-fiat payments, the payment may be converted to fiat money before destruction.

Section 6

No government body or actor shall pass any bill of attainder, ex post facto law, whether criminal or civil, retroactive taxes.

Section 7

No government body or actor shall suspend the privilege of the writ of habeas corpus, unless when in cases of rebellion or invasion the public safety may require it.

Section 8

No federal or State legislature shall subpoena private citizens or entities, but they may subpoena government officials and government entities.

Section 9

No government body or actor shall establish religion, or grant any title of nobility, and no person holding any office of profit or trust under them, shall, without the consent of the Expenditure Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State.

Section 10

No law, varying the compensation for the services of elected officials, shall take effect, until an election of those officials shall have intervened. Nor shall any legislature make any law that does not apply to itself or its own members.

Section 11

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, regardless of which government does so;

Section 12

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State 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; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. The government shall bear the burden of demonstrating, by clear and convincing evidence, that any waiver of such rights shall be knowing, intelligent, and voluntary.

Section 13

In suits at common law, where the value in controversy is not igsignificant, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the Federation, than according to the rules of the common law.

Section 14

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

Section 15

All persons born or naturalized in the Federation, and owing allegiance thereto, are citizens of the Federation and of the State wherein they reside. Neither the government of the Federation, nor any State government, shall make or enforce any law which shall abridge the natural or civil rights of citizens of the Federation; or deprive any person of life, liberty, or property, without due process of law; or deny to any person within their jurisdictions the equal protection of the laws.

Section 16

The due process of law shall be construed to provide the opportunity to introduce evidence or otherwise show that a law, regulation or order is an infringement of such rights of any citizen or legal resident of the Federation, and the party defending the challenged law, regulation, or order shall have the burden of establishing its basis in law and conformity with this Constitution. No person shall be criminally punished without a judicial process to ascertain whether that person was guilty of violating a validly enacted statute that is within the proper power of a federal or State legislature to enact. All persons are presumptively at liberty to enjoy and use their life, liberty, or property in their best judgment, and whenever a federal or state government shall infringe upon this right, and any person petition for redress, courts shall determine whether that government has constitutional authority for its action and a genuine justification for its restriction or regulation.

Section 17

The right of citizens of the Federation who are 21 years of age or older, to vote shall not be denied or abridged by the Federation or by any State government, except as condition of punishment for a crime whereof the party shall have been duly convicted.

Article VIII: Amending the Constitution

Section 1

Amendments to this constitution may be proposed by at least two thirds of both chambers in the Expenditure Congress or by at least two thirds of State legislatures. After an amendment has been proposed it shall become part of this constitution after it has been certified by the Chief Justice of the Constitutional Court to have been ratified in the legislatures of at least three fourths of the States, or ratified by conventions in three fourths of the States, provided the amendment does not violate the restrictions on amendments. Whether an amendment is to be ratified by the State legislatures or by conventions in the several States, shall be specified in the amendment proposal. While an amendment, having been proposed, is pending ratification in the states, a state may revoke its previous ratification at any time before the requisite three fourths of state legislatures have been certified as having ratified the amendment.

Section 2

After an amendment has been ratified by three fourths of State legislatures or three fourths of State conventions, all States shall have the right to conduct a referendum on secession from the Federation. A referendum shall be held if the State legislature by law decrees it or if a petition gains the signatures of 10% of votes cast in the previous State election. The referendum must be held within 3 years of the final ratification of the new amendment. If the vote for secession garners at least 60% of the votes, the State in question shall begin the process of leaving the Federation, and the Federation shall not forcefully prevent the State from seceding.

All citizens of the State who are at least 21 years of age and have lived in the State for at least five of the seven last years shall be eligible to vote in the referendum. The referendum shall be jointly overseen by the Electoral Commission and the local State government, and any dispute between the two shall be resolved by the Constitutional Court.

Section 3

No amendment shall deprive a State of its equal suffrage in the Senate, nor deprive a State government of its right to appoint their Senators.
No amendment shall deprive a State of its right to secession in the wake of a constitutional amendment.
No amendment shall create further restrictions on amendments.
No amendment shall remove these restriction on amendments.