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PREAMBLE to the DECLARATION OF CONFEDERATION

The articles of the Confederation have been established with the held belief that all are created with the inherit will and ability to live virtuous lives under the law of man and God. It is the nature of law to restrict the liberties of man, given by his creator. It is the right of every citizen to live under the universal rights that God has provided his creation. The Confederation of Eirennia Scotia shall defend and expand the liberties of the citizen by the grace of God.  The Confederation of Free Provinces adopts this federal constitution with the intent of strengthening the alliance of the Confederates and of maintaining and furthering the unity, strength and honor of the nation.

Article I.                              LIBERTAS a CIVIS

All who are recognized as legal nationals, culture civis, by birth or by the recognition of the High Council, dignosco civis, are protected by the Libertas a Civis. It is the purpose of the State to defend these rights. No administrative, judicial, legal or punitive measure may violate the Libertas a Civis.

Section 1.01               Libera Privatus - In private, individuals have the freedom to conduct themselves as they wish, so long as their actions place no one else, present or elsewhere, at involuntary risk.

Section 1.02               Libera Perceptum – The freedom to seek personal enlightenment shall not be hindered or prevented. Individuals are free to try to develop their talents to the limit of their ambition.

Section 1.03               Libera Effor – Individuals have the freedom to express themselves as they wish, as long as their actions place no one else, present or elsewhere, at involuntary risk.

Section 1.04               Libera Santifico– The right of religious choice and practice cannot be denied.

Section 1.05               Libera Arma- The right to bear arms in defense of life, liberty and property. This includes the right to stow and carry weapons of personal defense at any time.

Article II.                            CIVIS OPTIMUS

The title of Civis Optimus is given to all those who have attained the full rights of citizenship.

Section 2.01               Requirements

(a)  Fulfillment mandatory military or civil service period of six years.

(b)  Aged to the year of reasoning, age 18.

(c)  Be of culture civis by birth or by recognition of the State, dignosco civis.

(d)  Be of honorable standing and have not violated the instituta apostolica, or basic law.

Section 2.02               Libertas a Civis Optimus

(a)  Libera Suffrigium- The right to vote in public democratic elections.

(b)  Libera Pontentia – The right to political authority. Only a full citizen may sit on a Judicial Council seat or hold state, provincial, or local office.

(c)  Libera Ager – The right to own land.

Article III.                          IMPERIUM SOLUIM a SUPERUS PERSONA

Office of the High State Chancellor

Section 3.01               Qualification

(a)  A member of the Civis Optimus.

(b)  No Civi Optimus shall be prevented from candidacy due to financial situation, rank, race, creed or sex.

Section 3.02               Election and Installation.

(a)  The Senate nominates the Statutum, or appointed candidate.

(b)  A majority popular direct vote of the Civis Optimus is required to take office.

(c)  If no other nominees are presented then the sole Statutum requires a 2/3 consenting vote of the Civis Optimus.

(d)  A non-vote is considered a vote of consent.

(e)  The day following the collection and recording of election results, any opposing Stratutum may make a formal speech of objection if it is felt the election was unjust. 

(f)     The Chancellor elect gives Iuro a Superus Persona, or Oath of Chancellor and officially takes the office of Chancellor four days following the election.

Section 3.03               Duration of Office and Removal

(a)  The term of the Chancellor is limited to a maximum ten (10) years.

(b)  If the Chancellor wishes to abdicate he must first present his formal resignation to the populous no earlier than one month before his planned retirement.

(c)  The Chancellor can be impeached due to disapproval or wrong doing by a petition of removal from a Prefect or Senator.

(d)  A popular vote of the Civis Optimus is required for impeachment.

(e)  In the case of impeachment the Senate shall elect a Superus Persona Tempralis, or Interim Chancellor who shall fulfill the duties of Chancellor until the next election is complete. The election shall take place no longer than two weeks from the impeachment vote and by the same methods as a standard election.

Section 3.04               Duties of Office

(a)  It is the duty of the Chancellor to lead the Senate in sessions.

(b)  The Chancellor is the head of state and government.

Article IV.                        PROCURITO a IMPERIUM SOLIUM

The Administration of the High State

Section 4.01               Creation and Dissolution of Ministries

(a)  Ministries are to be created or dissolved as deemed necessary by the Senate with the affirmation of a 2/3 vote of the Civis Optimus.

(b)  A non- vote is considered as a vote of consent.

Section 4.02               Organization of Ministries

(a)  A Minister shall lead each Ministry.

(b)  The Ministers are directly subordinate to the Chancellor.

(c)  Officers are promoted from within their respected ministry by the appointment of the Minister and the affirmation of the Chancellor.

(d)  Ministries are to execute policy as directed by the High Council.

                (i)     Ministries are limited within their constitutional mandate. Changes to the constitutional mandate must be presented to the Senate, approved and pass a 2/3 vote of the Civis Optimus.

Section 4.03               The Office of Minister

(a)  Appointment

                (i)     Ministers shall be chosen from within their respected ministry by appointment of the Chancellor and approved by the Senate.

    (b)  Duties

                (i)     The Minister is ultimately responsible for the Ministry.

              (ii)     The Minister must provide an annual official statement, denuntio, to the High Council.

            (iii)     The term of a Minister is limited to fifteen years.

Section 4.04               Procuritio a Imperium Solium Mandatum

Each Ministry is to have a constitutional mandate detailing jurisdiction, organization and duties. Ministries have the authority of their mandates, however; ministries do not have regulatory or legislative authority. Ministries are to work in conjunction and cooperation with any state or provincial agency to accomplish mandated functions. The primary responsibility of the

(a)  The Ministry of Defense is to provide for the common defense of Eirennia Scotia as a primary mandate. The Ministry of Defense is the centralized control of the armed defense forces. It is the responsibility of the Ministry to establish synergy between the branches of the military.  The Ministry of Defense is to develop and execute tactical, operational, and strategic military policy.

(b)  The Ministry of Finance is to maintain, and develop the economic institutions of Eirennia Scotia. The Ministry of the Treasury is to maintain the state treasury reserves and control the state mint. The Ministry of Finance is to develop economic policy and advise the senate the economy.

(c)  The Ministry of Foreign Affairs is responsible for development and monitoring of all foreign affairs. The Ministry of Foreign Affairs is to monitor the status of foreign affairs and to develop, plan, and execute the diplomatic negotiation through ambassadors and diplomatic representatives.

(d)  The Ministry of Research and Statistics is to develop and encourage technological, medical and social advances.  The Ministry is to direct all state research institutions and technical training facilities, maintain national libraries, and record census information.  The Ministry is to develop the means and methods of measure and is to be the issuing authority on licenses, certificates, and rating.

(e)  The Ministry of Transportation is to maintain and develop the transportation systems of Eirennia Scotia.

Article V.                          PROCÚRITO a PROVINCIA SOLIUM

The Administration of the Provincial States

Section 5.01               Creation and Dissolution of Provinces, Colonies, and Territories.

(a)  A colony is a territory that has become dependence of the Eirennia Scotia Confederated High State. A colony is given the protection of the state. A colony is run internally as a province, however, there is no representation in the Senate.

(b)  States wishing to join the confederacy as a province of Eirennia Scotia must formally submit a petition to the Senate. The petition must show a majority of the resident populous desires provincial status.

(c)  A 2/3 favorable vote of the Senate is required for a state to become a province.

(d)  States wishing to leave the confederacy must formally submit a petition to the Senate.

Section 5.02          Sovereignty of Provinces, Colonies and Territories

(a) Provincial States are guaranteed the means to ensure survival of their citizens.

(b) Provincial States retain the sovereign control of Provincial armies, militias, and guards.

(c)  Provincial States retain the sovereign control off all facets of government not expressly given the Confederate High State.

Article VI.                        THE HIGH COUNCIL

The Legislative Houses of the High State

Section 6.01               Limits of General Assembly

(a)  Legislative action of the General Assembly shall not violate the neither rights of the Confederates, contradict the State Constitution, nor infringe upon civil rights or liberties.

Section 6.02               Conventus Communis

The General Assembly is the lower legislative house.

(a)  Representation

                (i)     Seats in the General Assembly are to be allocated by relative population as established by the census.

              (ii)     Representation is to be determined by town of birth.

            (iii)     There are to be no more than 500 constituents per representative. 

 (iv) The term of a Representative to the General Assembly is limited to a length of three years.

(b)  Mandate

                (i)     The General Assembly shall be the primary legislative house for domestic affairs.

              (ii)     The General Assembly has the authority to introduce legislation on:

1)       Protection of inventions and innovations suitable for industrial use, including designs and models.

2)       Subsidies for the construction of workhouses, reformatories, safe houses for neglected children, and public health institutions.

3)       Legislation in order to combat contagious, widespread and particularly dangerous diseases of man and animals.

4)       Control the State Bank.

5)       Issue domestic policy regarding domestic issues.

Section 6.03               The Senate

The Senate is the upper legislative house.

(a)  Representation

                (i)     One Hundred Senators from historical, cultural, geographical districts.

  (ii) The Senatorial term is limited to a length of six years.

(b)  Mandate

                (i)     The Senate shall be the primary legislative house for international affairs.

              (ii)     The Senate has the authority to legislate:

1)       Authorization of military action.

2)       Authorization of economic statecraft through both positive and negative sanctions.

3)       Control of imports insofar as they may directly endanger life or health.

4)       Legislation on immigration, emigration, residence, and establishment of aliens.

5)       Approval or refusal to grant asylum.

Article VII.                      LEX UMNIMODUS a INSTITUTA APOSTOLIC

The fundamental law of Eirennia Scotia is the Lex Umnimodus.

Section 7.01               Application of Law

(a)  All citizens of Eirennia Scotia are under a uniform standard of justice, Lex Umnimodus.

(b)  There is no person or law above the Lex Umnimodus.

Section 7.02               The Rights of the Accused

(a)  All citizens are innocent until proven guilty beyond reasonable doubt through the due process of law.

                (i)     The prosecution must bear the burden of proof.

(b)  No individual may be held or questioned without qualified counsel.

(c)  No person may be held against his or her will without formal charges for a crime.

(d)  The accused has the right for an expedient and public trial.

(e)  All persons are to be treated with general decency and respect due to all mankind.

Section 7.03               Sentencing and Punishment

(a)  Cruel and unusual punishment is prohibited.

(b)  Capitol punishments are prohibited.

(c)  Corporal punishments are prohibited.

(d)  Orior Abdico Nefas, or consequence for sins against society, shall include any combination of counseling, community service, parole, and/or detainment in a work colony.

                (i)     Punishment shall be just and right in direct proportion to the severity of the crime.

               (ii)     The application and duration of a sentence is to be uniform and appropriate to the conviction as prescribed by the Lex Umnimodus.

Article VIII.                    Legal Status of the Confederation

Section 8.01               All debts contracted and engagements entered into, before the adoption of this Confederation, shall be as valid against the Confederacy of Eirennia Scotia.

Section 8.02               This Confederation, and the laws of the Confederacy which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the Confederacy, shall be the supreme law of the land; and the judges in every province shall be bound thereby, anything in the Articles of Confederation or laws of any provinces to the contrary notwithstanding.

Section 8.03               The Senators and Assemblymen before mentioned, and the members of the several provincial legislatures, and all executive and judicial officers, both of the Confederacy and of the several provinces, shall be bound by oath, to support and defend this Confederation; but no religious test shall ever be required as a qualification to any office or public trust under the Confederacy.

Section 8.04        The Confederacy is given sovereign control of confederated assets including the Hibernian State Bank and Reserve.  No province, organization or individual may create currency for debts both public and private.

Section 8.04        The Confederacy is given sovereign control of the Hibernian State military and all assets associated.

Article IX.                        The Amendment Process

Section 9.01               The High Council, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution

Section 9.02               On the application of the legislatures of three fifths 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 Confederation, when ratified by the legislatures of three fifths of the several provinces, or by conventions in three fifths thereof, as the one or the other mode of ratification may be proposed by the High Council; provided that no province shall be deprived of its equal suffrage in the Senate.

Each Confederate signatory hereto herby relinquishes the above mentioned sovereign power and independence to the Confederacy of Eirennia Scotia this fifteenth day of January two thousand one hundred and five in the era of our Lord God. 

Signatory Hereto:

William O DONNCHADHAO,

The Province of GALLIA

Jack O CINNEIDE,

The Province of ST. PADRAIG

James MAC CONSHNAMHA, of ST BERNARD

The Province of ST BRIENARD

Hugh MAC GIOLLA,

The Province of KERRY

Trian MAC CONNELY,

The Province of Cimarron

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