Constitution of the Second Great State of San Andreas

We, the People of the Second Great State of San Andreas, grateful to the Creator for our freedom, to secure and perpetuate its blessings, do establish this Constitution. 

1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety, happiness and privacy.

2. Every person may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press.

3. (a) The people have the right to instruct their representatives, petition government for redress of grievances and assemble freely to consult for the common good.

(b) The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.

(c) A statute, court rule or other authority shall be broadly construed if it furthers the people’s right of access, and narrowly construed if it limits the right of access.

4. (a) Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace or safety of the state.

(b)  The Senate shall make no law respecting an establishment of religion.

5. A person may not be deprived of life, liberty or property without due process of law or denied equal protection of the laws.

6. A person may not be disqualified from entering or pursuing a business, profession, vocation or employment because of sex, race, creed, color or national or ethnic origin.

7. A bill of attainder, ex post facto law or law impairing the obligation of contracts may not be passed.

8. Witnesses may not be unreasonably detained. A person may not be imprisoned in a civil action for debt or tort.

9. Habeas corpus may not be suspended unless required by public safety in cases of rebellion or invasion.

10. (a) The right of the people to be secure in their persons and properties against unreasonable searches and seizures may not be violated. 

(b) A warrant may not be issued except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized.

11. (a) The defendant in a criminal cause has the right to a speedy public trial, to compel attendance of witnesses on the defendant’s behalf, to have the assistance of counsel for the defendant’s defense, to be personally present with counsel and to be confronted with the witnesses against the defendant. 

(b) Persons may not twice be put in jeopardy for the same offense or be compelled in a criminal cause to be a witness against themselves.

12. Cruel or unusual punishment may not be inflicted or excessive fines imposed.

13. Property owned before marriage or acquired during marriage by gift, will or inheritance is separate property.

14. The right to vote or hold office may not be conditioned by a property qualification.

15. (a) Rights guaranteed by this Constitution are not dependent on those guaranteed by the Constitution of the United States of America.

(b) This declaration of rights may not be construed to impair or deny others retained by the people.

16. The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.

1. (a) The Second Great State of San Andreas (the state) is an inseparable part of the United States of America.

(b) The Constitution of the United States of America is the supreme law of the land.

2. The boundaries of the state are twelve nautical miles from the low-water line along the coast of the island of San Andreas.

3. The City of Los Santos is the capital of the state.

4. Causes may be brought against the state in such manner and in such courts as shall be directed by law.

5. English is the official language of the state.

1. (a) The legislative power of the Second Great State of San Andreas (the State) is vested in the San Andreas State Senate (Senate).

(b) The people reserve to themselves the powers of initiative and referendum.

2. (a) The membership of the Senate shall be composed of seven (7) Senators at its first convening.

(b) Senators shall be elected by a system of block voting for three-month terms.

(c) Multiple Senate seats shall be filled by a single election and each elector shall be entitled to cast a number of votes equal to the number of seats to be filled.

(d) The candidates receiving the greatest number of votes, in a number corresponding to the Senate seats available, shall be declared elected to the membership of the Senate.

(e) Where a seat of the Senate is vacant by reason of death, resignation, removal of office or other means, the Governor of the Second Great State of San Andreas (the Governor) shall appoint an acting Senator that shall serve until the next general election.

3. Candidates, to qualify for membership to the Senate, must:

   • Be at least 18 years of age.

   • Be a citizen of the State for a period of no less than 60 days.

   • Be in good financial standing with the State.

   • Have not been convicted of a felony offence or a collection of misdemeanour offences that would constitute a serious felony offence.

   • Be nominated by five citizens of the State.

4. (a) Senators may engage in occupations outside their office, consistent with the laws of the state.

(b) No Senator shall propose or vote upon legislation that confers a direct financial or personal benefit upon that Senator.

(c) A conflict of interest shall be deemed present where such benefit may reasonably be construed, whether in fact or in perception, to arise from the passage of the measure.

(d) The Senate may establish procedures for the disclosure, determination and enforcement of conflicts of interest under this section.

5. (a) A quorum of the Senate shall consist of five-sevenths of its members.

(b) Except as otherwise provided in this Constitution, a bill shall pass with a four-sevenths, or simple majority, vote in favour.

(c) Amendments to this Constitution shall require a unanimous vote in favour.

(d) In the event of a tie, the Governor shall cast the deciding vote.

(e) Every bill passed by the Senate shall become law only upon its assent by the Governor, which shall be given within seven (7) days of its passage.

(f) A bill not assented to by the Governor shall not be enacted into law unless the Senate unanimously votes to override the Governor’s refusal.

6. The Senate may establish subsidiary bodies, such as committees, as it deems necessary for the performance of its functions.

7. (a) The Senate shall have the power to propose, review, amend and approve the state budget and all appropriations of public funds.

(b) No funds shall be withdrawn from the treasury or expended by any state authority except as provided by law and approved by the Senate.

(c) The executive shall submit the proposed budget to the Senate annually, together with such supporting information and reports as the Senate may require.

(d) The Senate may require periodic reports from any state agency regarding expenditures and compliance with appropriations.

8. (a) The Senate shall have the exclusive power to levy taxes, duties, fees and other forms of revenue for the support of the state.

(b) The Senate may establish rules governing the collection, accounting and auditing of all state revenues.

9. (a) The Senate shall have the power to conduct hearings, summon executive officers and request reports to ensure that the laws of the state are faithfully executed.

(b) Executive officers and agencies shall comply with requests for information from the Senate in accordance with procedures established by law.

10. (a) The Senate may enact emergency or extraordinary legislation in situations of imminent threat to public safety, health or welfare.

(b) Emergency legislation shall be expedited in accordance with rules adopted by the Senate and shall remain in effect only as long as necessary to address the circumstances prompting its enactment.

11. (a) The Senate shall have the power to issue articles of impeachment against any of its members where sufficient cause exists, including overt acts  that constitutes a violation of this Constitution, breach of state law or conduct contrary to the duties and dignity of the Senate.

(b) The initiation of impeachment proceedings shall require the support of at least two Senators.

(c) Upon initiation, the Senate shall conduct an investigation into the matter specified in the articles of impeachment and shall publicly present its findings.

(d) The removal of a Senator through impeachment shall require a vote of five-sevenths in favour.

12. (a) The people shall have the power to recall a Senator from office.

(b) A recall petition shall be valid only if signed by 15 eligible electors.

(c) Upon the filing of a valid recall petition, a recall election shall be held within 30 days.

(d) If a majority of electors voting in the recall election favour the recall, the Senator shall be removed from office and the resulting vacancy shall be filled in accordance with the provisions of this Constitution.

(e) The Senate may by law establish procedures for the initiation, verification and conduct of recall elections consistent with this section.

1. (a) The supreme executive power of the state shall be vested in the Governor of the Second Great State of San Andreas (the Governor).

(b) The Governor shall be the head of state and shall exercise the executive authority in accordance with this Constitution and the laws of the state.

(c) The Governor shall be elected by the people for a term of two years.

2. Candidates, to qualify for membership to the Senate, must:

• Be at least 30 years of age.

• Be a citizen of the State for a period of no less than 365 days.

• Be in good financial standing with the State.

• Have not been convicted of a felony offence or a collection of misdemeanour offences that would constitute a serious felony offence.

• Be nominated by fifty citizens of the State.

3. (a) The Governor shall ensure that the laws of the state are faithfully executed.

(b) In the event of a tie in the Senate, the Governor shall cast the deciding vote.

(c) The Governor shall have the power to give assent to bills passed by the Senate, and no bill shall become law without such assent, except as otherwise provided in this Constitution.

4. (a) The Governor shall have the power to convene the Senate as provided by law and summon it to extraordinary sessions.

(b) The Governor shall have the power to address the Senate, present messages and recommend legislation or measures as deemed necessary.

5. To eliminate any appearance of a conflict with the proper discharge of their duties and responsibilities, the Governor may not knowingly receive any salary, wages, commissions or other earned income from any source outside of the state purse while serving as the Governor.

6. The Governor may issue executive orders to carry out duties and responsibilities vested by this Constitution or by statute.

7. (a) The Governor may establish subsidiary bodies—such as agencies, departments or offices—as they deem necessary for the performance of their functions.

(b) The Governor shall have the power to appoint officers of the state as provided by law, including those necessary to administer government functions.

(c) The San Andreas Elections Agency is a permanent and independent body of the executive and shall not be dissolved.

8. The Governor may, in times of emergency as defined by law, take such measures as are necessary to protect the public, preserve order and maintain the functioning of government, subject to limitations established by statute and this Constitution.

9. The Governor shall have the power to grant pardons, reprieves and commutations of penalties for offenses against the laws of the state, except in cases of impeachment.

10. (a) The Governor shall be subject to impeachment and removal in accordance with this Constitution.

(b) The Governor shall be accountable to the people and the Senate may by law establish mechanisms for oversight and reporting of executive actions.

1. (a) The judicial power of the state shall be vested in the Supreme Court, the Circuit Court and the Magistrate Court (the Law Courts).

(b) The Law Courts and their judges shall have original jurisdiction in all proceedings, subject to law.

2. The Magistrate Court shall serve as the entry-level court, presided over by Magistrates, handling small claims, bench trials and minor civil and criminal matters.

3. The Circuit Court shall handle general criminal and civil cases, presided over by Circuit Judges and its decisions may establish precedent within the state.

4. (a) The Supreme Court shall have exclusive appellate jurisdiction and shall serve as the final authority on all legal and constitutional matters within the state. 

(b) The Supreme Court shall consist of the Chief Justice of the Second Great State of San Andreas (Chief Justice) and two Associate Justices.

(c) The Chief Justice may convene the Supreme Court at any time and that court shall determine its own schedule and procedures in accordance with law.

5. Higher courts may exercise jurisdiction over cases within the purview of lower courts, and may hear, adjudicate and render judgment in any matter otherwise assigned to a lower court, consistent with this Constitution and applicable law.

6. (a) The Supreme Court shall appoint the judges of the Circuit Court and the Magistrate Court.

(b) Judges shall hold office during good behaviour for the term prescribed by law.

(c) Judges shall be free from undue influence, including interference from the executive, legislative or any external authority, in the performance of their judicial duties.

(d) A judge may be removed from office only pursuant to procedures established for impeachment or disciplinary proceedings consistent with this Constitution.

7. The Supreme Court shall survey judicial business, make recommendations to the Law Courts, the Governor and the Senate and perform other functions prescribed by statute.

8. The Supreme Court shall be responsible for the maintenance and regulation of the State Bar of San Andreas. Every member of the State Bar is authorized to practice law in the state.

9. The Supreme Court shall issue written opinions for all cases determining causes, stating the reasons for its decisions and such opinions shall be promptly published and made publicly available.

10. (a) The Supreme Court shall have the authority to review the Constitutionality of laws, statutes and executive actions.

(b) Any law or executive action found to be inconsistent with this Constitution shall be deemed void and of no effect.

(c) The Supreme Court may, in the exercise of judicial review, interpret this Constitution and any statutes necessary for the administration of justice.

11. (a) The Supreme Court shall adopt rules for court administration, practice and procedure to improve the administration of justice and address judicial misconduct, consistent with statute and this Constitution.

(b) Disciplinary proceedings may be initiated by the Supreme Court, the Governor or by petition of the people in accordance with law.

(c) Penalties for judicial misconduct may include censure, suspension or removal, subject to the provisions of this Constitution.

(d) All disciplinary proceedings shall respect the due process rights of the judge involved.

1. A provisional government shall be established to manage the transition to the Second Great State of San Andreas (the state).

2. The provisional government shall exercise only the powers necessary to maintain public order, manage the constitutional drafting process and prepare for the first elections of the state.

3. Members of the provisional government shall act in accordance with principles of transparency, accountability and public interest and shall not enact permanent laws beyond what is necessary for the transition.

4. (a) The provisional government shall be dissolved upon the inauguration of the first Senate and Governor under the state.

(b) All powers, assets and responsibilities of the provisional government shall be transferred to the duly elected authorities of the state.

(c) The transfer of powers shall be completed no later than seven (7) days following the official declaration of the election results.

(d) Notwithstanding any other provision of this Constitution, the provisional government may, by statute, establish temporary eligibility requirements for candidates in the first Senate election that differ from those prescribed by this Constitution, provided such requirements are necessary to enable a fair and practicable election and shall cease to have effect upon the inauguration of the first Senate.

5. Any action undertaken by the provisional government prior to dissolution that is consistent with the transitional objectives of this Constitution shall remain valid unless repealed by the new authorities.