FANDOM


The Constitution of Cygnia is the supreme law under which the government of the United Cygnian States operates, including its relationship to the States of Cygnia. The Constitution was approved in a series of referendums held over 1946–48 by the people of Cygnia, and the approved draft was enacted by Congress as the Constitution Act 1948. It became law on 18 February 1948 — a date today celebrated as Constitution Day — and entered into force on 1 January 1949.

The modern Constitution of Cygnia was written by the delegates to the Constitutional Convention of 1947, presided by Chancellor Ben Chifley. The Constitution has its foundation in its predecessor, the Imperial Constitution. However, the Constitution of 1948 incorporates the eight amendments to the original, and also includes a variety of reforms, such as additional codified restrictions on the executive, and strengthening the powers of the legislature and judiciary. It also abolished the House of Lords, establishing in its place the Senate.

PREAMBLE

WE THE CYGNIAN PEOPLE:

committing ourselves to safeguarding and protecting the democracy under which we live;
never forgetting the sacrifices of all who defended our country and our liberty in time of war;
determined to uphold freedom, dignity, and the rule of law;
supportive of achievement as well as equality of opportunity for all;
and valuing independence as dearly as the national spirit which binds us together in both adversity and success:

Do hereby establish and ordain this Constitution for the United Cygnian States.

ARTICLE I

Section 1

  1. The legislative power of the Union shall be vested in a Federal Congress, which shall consist of a Senate, and a House of Representatives, and which is hereinafter called "The Congress", or "The Congress of the Union".
  2. After any general election the Congress shall be summoned to meet not later than thirty days after the day appointed for the return of the writs. The Congress shall be summoned to meet not later than six months after the establishment of the Union.
  3. There shall be a session of the Congress once at least in every year, so that twelve months shall not intervene between the last sitting of the Congress in one session and its first sitting in the next session.

Section 2

  1. The House of Representatives shall be composed of members directly chosen by the people of the Union. The number of members chosen in the several States shall be in proportion to the respective members of their people, and shall not, until the Congress otherwise provides, exceed one for every hundred thousand.
  2. Subject to this Constitution, the Congress may make laws for increasing or diminishing the number of the members of the House of Representatives.
  3. Every House of Representatives shall continue for four years from the first meeting of the House, and no longer.
  4. Until the Congress of the Union otherwise provides, the Legislature of any State may make laws for determining the districts in each State for which members of the House of Representatives may be chosen, and the number of members to be chosen for each district. A district shall not be formed out of parts of different States.

    In the absence of other provision each State shall be one electorate.

  5. Until the Congress otherwise provides, the qualification of electors of members of the House of Representatives shall be in each State that which is prescribed by the law of the State as the qualification of electors of the more numerous House of the Legislature of the State; but in the choosing of members each elector shall vote only once.
  6. Until the Congress otherwise provides, but subject to this Constitution, the laws in force in each State for the time being relating to elections for the more numerous House of the Legislature of the State shall, as nearly as practicable, apply to elections in the State of members of the House of Representatives.
  7. The Emperor in Council may cause writs to be issued for general elections of members of the House of Representatives. After the first general election, the writs shall be issued within ten days from the expiry of a House of Representatives or from the proclamation of a dissolution thereof.
  8. Whenever a vacancy occurs in the House of Representatives, the Speaker shall issue his writ for the election of a new member, or if there is no Speaker or if he is absent from the Union the Emperor in Council may issue the writ.
  9. Until the Congress otherwise provides, the qualifications of a member of the House of Representatives shall be as follows:
    1. he must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector, and must have been for three years at the least a resident within the limits of the Union as existing at the time when he was chosen;
    2. he must be a Citizen of the Union, either natural-born or for at least five years naturalised under the law of the Union.
  10. The House of Representatives shall, before proceeding to the despatch of any other business, choose a member to be the Speaker of the House, and as often as the office of Speaker becomes vacant the House shall again choose a member to be the Speaker. The Speaker shall cease to hold his office if he ceases to be a member. He may be removed from office by a vote of the House, or he may resign his office or his seat by writing addressed to the Emperor.
  11. Before or during any absence of the Speaker, the House of Representatives may choose a member to perform his duties in his absence.
  12. A member may by writing addressed to the Speaker, or to the Emperor if there is no Speaker or if the Speaker is absent from the Union, resign his place, which thereupon shall become vacant.
  13. The place of a member shall become vacant if for two consecutive months of any session of the Congress he, without the permission of the House, fails to attend the House.
  14. Until the Congress otherwise provides, the presence of at least one-third of the whole number of the members of the House of Representatives shall be necessary to constitute a meeting of the House for the exercise of its powers.
  15. Questions arising in the House of Representatives shall be determined by a majority of votes other than that of the Speaker. The Speaker shall not vote unless the numbers are equal, and then he shall have a casting vote.

Section 3

  1. The Senate shall be composed of senators from each State, directly chosen by the people of the State, voting, until the Congress otherwise provides, as one electorate.

    Until the Congress otherwise provides there shall be four senators from each State. The Congress may make laws increasing or diminishing the number of senators from each State, but so that equal representation of the several States shall be maintained and that no State shall have fewer than four senators. The senators shall be chosen for a term of four years, and the names of the senators chosen for each State shall be certified by the Governor to the Emperor.

  2. The qualification of electors of senators shall be in each State that which is prescribed by this Constitution, or by the Congress, as the qualification for electors of members of the House of Representatives; but in the choosing of senators each elector shall vote only once.
  3. The Congress of the Union may make laws prescribing the method of choosing senators, but so that the method shall be uniform for all the States. Subject to any such law, the Congress of each State may make laws prescribing the method of choosing the senators from that State.

    The Legislature of a State may make laws for determining the times and places of elections of senators from the State.

  4. Until the Congress otherwise provides, but subject to this Constitution, the laws in force in each State, for the time being, relating to elections for the more numerous House of the Legislature of the State shall, as nearly as practicable, apply to elections of senators from the State.
  5. The Senate may proceed to despatch of business, notwithstanding the failure of any State to provide for its representation in the Senate.
  6. The Governor of any State may cause writs to be issued for elections of senators from the State. In case of the dissolution of the Senate the writs shall be issued within ten days from the proclamation of such dissolution.
  7. As soon as may be after the Senate first meets, and after each first meeting of the Senate following a dissolution thereof, the Senate shall divide the senators chosen for each State into two classes, as nearly equal in number as practicable; and the places of the senators of the first class shall become vacant at the expiration of four years, and the places of those of the second class at the expiration of eight years, from the beginning of their term of service; and afterwards the places of senators shall be vacant at the expiration of eight years from the beginning of their term of service.

    The election to fill vacant places shall be made within one year before the places are to become vacant.

  8. If the place of a senator becomes vacant before the expiration of his term of service, the Houses of the Legislature of the State for which he was chosen, sitting and voting together, or, if there is only one House of that Legislature, that House, shall choose a person to hold the place until the expiration of the term. But if the Legislature of the State is not in session when the vacancy is notified, the Governor of the State, with the advice of the Executive Council thereof, may appoint a person to hold the place until the expiration of fourteen days from the beginning of the next session of the Legislature of the State or the expiration of the term, whichever first happens.

    Where a vacancy has at any time occurred in the place of a senator chosen by the people of a State and, at the time when he was so chosen, he was publicly recognised by a particular political party as being an endorsed candidate of that party and publicly represented himself to be such a candidate, a person chosen or appointed under this section in consequence of that vacancy, or in consequence of that vacancy and a subsequent vacancy or vacancies, shall, unless there is no member of that party available to be chosen or appointed, be a member of that party.

    Where:

    1. in accordance with the last preceding paragraph, a member of a particular political party is chosen or appointed to hold the place of a senator whose place had become vacant; and
    2. before taking his seat he ceases to be a member of that party (otherwise than by reason of the party having ceased to exist),
    he shall be deemed not to have been so chosen or appointed and the vacancy shall be again notified in accordance with section fourteen of this Article.

    The name of a senator chosen or appointed under this section shall be certified by the Governor of the State to the Emperor.

  9. The qualification of a senator shall be the same as those of a member of the House of Representatives.
  10. The Senate shall, before proceeding to the despatch of any other business, choose a senator to be the President of the Senate; and as often as the office of President becomes vacant the Senate shall again choose a senator to be the President. The President shall cease to hold his office if he ceases to be a senator. He may be removed from office by a vote of the Senate, or he may resign his office or his seat by writing addressed to the Emperor.
  11. Before or during any absence of the President, the Senate may choose a senator to perform his duties in his absence.
  12. A senator may by writing addressed to the President, or to the Emperor if there is no President or if the President is absent from the Union, resign his place, which thereupon shall become vacant.
  13. The place of a senator shall become vacant if for two consecutive months of any session of the Congress he, without the permission of the Senate, fails to attend the Senate.
  14. Whenever a vacancy happens in the Senate, the President, or if there is no President or if the President is absent from the Union the Emperor, shall notify the same to the Governor of the State in the representation of which the vacancy has happened.
  15. Until the Congress otherwise provides, the presence of at least one-third of the whole number of the senators shall be necessary to constitute a meeting of the Senate for the exercise of its powers.
  16. Questions arising in the Senate shall be determined by a majority of votes, and each senator shall have one vote. The President shall in all cases be entitled to a vote; and when the votes are equal the question shall pass in the negative.

Section 4

  1. No adult person who has or acquires a right to vote at elections for the more numerous House of the Legislature of a State shall, while the right continues, be prevented by any law of the Union from voting at elections for either House of the Congress of the Union.
  2. Every senator and every member of the House of Representatives shall before taking his seat make and subscribe before the Emperor, or some person authorised by him, an oath or affirmation of allegiance in the form set forth as follows:—"I, A.B., do solemnly swear (or affirm) that I will be faithful and bear true allegiance to His Imperial Majesty Emperor Ellory the First, His Heirs and Successors according to law." The name of the Emperor or Empress of the Cygnians for the time being is to be substituted from time to time.
  3. A member of either House of the Congress shall be incapable of being chosen or of sitting as a member of the other House.
  4. Any person who:
    1. is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power; or
    2. is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Union or of a State by imprisonment for one year or longer; or
    3. is an undischarged bankrupt or insolvent; or
    4. holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Union; or
    5. is an officer in or member of the Emperor's Navy, Army, Air Force or Marine Corps; or
    6. has any direct or indirect pecuniary interest in any agreement with the Public Service of the Union otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons;
    shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives. But sub-clause iv. does not apply to the office of any of the Emperor's Ministers of State, or of any of the Emperor's Ministers for a State. Sub-clause v. does not apply to former officers in or members of the Armed Forces who have resigned their commission within the Armed Forces and have not served within the Armed Forces for a period of not less than six months.
  5. If a senator or member of the House of Representatives:
    1. becomes subject to any of the disabilities mentioned in the last preceding section; or
    2. takes the benefit, whether by assignment, composition, or otherwise, of any law relating to bankrupt or insolvent debtors; or
    3. directly or indirectly takes or agrees to take any fee or honorarium for services rendered to the Union, or for services rendered in the Congress to any person or State;
    his place shall thereupon become vacant.
  6. Until the Congress otherwise provides, any person declared by this Constitution to be incapable of sitting as a senator or as a member of the House of Representatives shall, for every day on which he so sits, be liable to pay the sum of one thousand sovereigns to any person who sues for it in any court of competent jurisdiction.
  7. Until the Congress otherwise provides, any question respecting the qualification of a senator or of a member of the House or Representatives, or respecting a vacancy in either House of the Congress, and any question of a disputed election to either House, shall be determined by the House in which the question arises.
  8. Until the Congress otherwise provides, each senator and each member of the House of Representatives shall receive an allowance of four thousand sovereigns a year, to be reckoned from the day on which he takes his seat.
  9. The senators and members of the House of Representatives shall receive of Compensation for their service, to be ascertained by law, and paid out of the Treasury of the Union. They shall in all cases, except treason, felony and breach of the 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.
  10. Each House of the Congress may make rules and orders with respect to the order and conduct of its business and proceedings either separately or jointly with the other House.

Section 5

  1. The Congress shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Union with respect to:
    1. trade and commerce with foreign nations, and among the States;
    2. taxation; but so as not to discriminate between States or parts of States;
    3. bounties on the production or export of goods, but so that such bounties shall be uniform throughout the Union;
    4. borrowing money on the public credit of the Union;
    5. postal, telegraphic, telephonic, and other like services;
    6. the naval and military defence of the Union and of the several States, and the control of the forces to execute and maintain the laws of the Union;
    7. lighthouses, lightships, beacons and buoys;
    8. astronomical and meteorological observations;
    9. quarantine;
    10. fisheries in Cygnian waters beyond territorial limits;
    11. census and statistics;
    12. currency, coinage, and legal tender;
    13. banking, other than State banking; also State banking extending beyond the limits of the State concerned, the incorporation of banks, and the issue of paper money;
    14. insurance, other than State insurance; also State insurance extending beyond the limits of the State concerned;
    15. weights and measures;
    16. bills of exchanging and promissory notes;
    17. bankruptcy and insolvency;
    18. copyrights, patents of inventions and designs, and trade marks;
    19. naturalisation and aliens;
    20. foreign corporations, and trading or financial corporations formed within the limits of the Union;
    21. marriage;
    22. divorce and matrimonial causes; and in relation thereto, parental rights, and the custody and guardianship of infants;
    23. invalid and old-age pensions;
      1. the provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorise any form of civil conscription), benefits to students and family allowances;
    24. the service and execution throughout the Union of the civil and criminal process and the judgments of the courts of the States;
    25. the recognition throughout the Union of the laws, the public Acts and records, and the judicial proceedings of the States;
    26. the people of any race, for whom it is deemed necessary to make special laws;
    27. immigration and emigration;
    28. the influx of criminals;
    29. external affairs;
    30. the acquisition of property on just terms from any State or person for any purpose in respect of which the Congress has power to make laws;
    31. the control of railways with respect to transport for the naval and military purposes of the Union;
    32. the acquisition, with the consent of a State, of any railways of the State on terms arranged between the Union and the State;
    33. railway construction and extension in any State with the consent of that State;
    34. conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State;
    35. matters in respect of which this Constitution makes provision until the Congress otherwise provides;
    36. matters referred to the Congress of the Union by the Congress or Legislatures of any State or States, but so that the law shall extend only to States by whose Legislatures the matter is referred, or which afterwards adopt the law;
    37. matters incidental to the execution of any power vested by this Constitution in the Congress or in either House thereof, or in the Government of the Union, or in the Federal Judicature, or in any department or officer of the Union.
  2. The Congress shall, subject to this Constitution, have exclusive power to make laws for the peace, order, and good government of the Union with respect to:
    1. the seat of the government of the Union, and all places acquired by the Union for public purposes;
    2. matters relating to any department of the public service the control of which is by this Constitution transferred to the Executive Government or the Union;
    3. other matters declared by this Constitution to be within the exclusive power of the Congress.

Section 6

  1. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

    The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

    The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

    The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

    Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

  2. The proposed law which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation.
  3. Laws imposing taxation, shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect.

    Laws imposing taxation, except laws imposing duties of customs or of excise, shall deal with one subject of taxation only; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only.

  4. A vote, resolution, or proposed law for the appropriation of revenue or moneys shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the Emperor to the House in which the proposal originated.
  5. If the House of Representatives passes any proposed law, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, and if after an interval of three months the House of Representatives, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Emperor may dissolve the Senate and the House of Representatives simultaneously. But such dissolution shall not take place within six months before the date of the expiry of the House of Representatives by effluxion of time.

    If after such dissolution the House of Representatives again passes the proposed law, with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Emperor may convene a joint sitting of the members of the Senate and of the House of Representatives.

    The members present at the joint sitting may deliberate and shall vote together upon the proposed law as last proposed by the House of Representatives, and upon amendments, if any, which have been made therein by one House and not agreed to by the other, and any such amendments which are affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives shall be taken to have been carried, and if the proposed law, with the amendments, if any, so carried is affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives, it shall be taken to have been duly passed by both Houses of the Congress, and shall be presented to the Emperor for His assent.

  6. When a proposed law passed by both Houses of the Congress is presented to the Emperor for the His assent, He shall declare, according to His discretion, but subject to this Constitution, that He assents, or that He withholds assent.

    The Emperor may return to the House in which it originated any proposed law so presented to Him, and may transmit therewith any amendments which He may recommend, and the Houses may deal with the recommendation.

ARTICLE II

Section 1

  1. The executive power of the Union is vested in the Emperor, and extends to the execution and maintenance of this Constitution, and of the laws of the Union.
  2. The Crown will be passed down through inheritance, and may only be inherited by the legitimate heirs and descendants of His Imperial Majesty George the First.
  3. Before he enter on the execution of his office, the Emperor shall take an oath or affirmation promising to serve, protect and defend the Constitution of the Union; to defend the rights of all Cygnians; and to execute to the best of His ability the duties and responsibilities He shall undertake as Sovereign of the Union.

Section 2

  1. There shall be a Federal Executive Council to advise the Emperor in the government of the Union, and the members of the Council shall be chosen and summoned by the Emperor and sworn as Executive Councillors, and shall hold office during His pleasure.
  2. The provisions of this Constitution referring to the Emperor in Council shall be construed as referring to the Emperor acting with the advice of the Federal Executive Council.
  3. The Emperor may appoint officers to administer such Ministries of State of the Union as the Emperor in Council may establish.

    Such officers shall hold office during the pleasure of the Emperor. They shall be members of the Federal Executive Council, and shall be the Emperor's Ministers of State.

    No Minister of State shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives.

  4. Until the Congress otherwise provides, the Ministers of State shall not exceed eleven in number, and shall hold such offices as the Congress prescribes, or, in the absence of provision, as the Emperor directs.
  5. There shall be payable to the Emperor, out of the Treasury of the Union, for the salaries of the Ministers of State, an annual sum which, until the Congress otherwise provides, shall not exceed twelve thousand pounds a year.
  6. Until the Congress otherwise provides, the appointment and removal of all other officers of the Executive Government of the Union shall be vested in the Emperor in Council, unless the appointment is delegated by the Emperor in Council or by a law of the Union to some other authority.
  7. The command in chief of the naval and military forces of the Union is vested in the Emperor.
  8. From time to time, the Governors appointed by the Emperor to represent him in the numerous States of the Union may be convened by the Emperor for the purposes of national coordination of viceregal activities.

Section 3

  1. In case of the removal of the Emperor from office, or of his death, resignation, or inability to discharge the powers and duties of said office, the same shall devolve on their Heir to the Throne, or, if the heir is a minor or himself incapacitated, the first adult in the Line of Succession in the capacity of Regent, until the disability be removed, or the heir shall accede.
  2. Should all qualified individuals in the line of succession be themselves physically or mentally incapacitated, or be a minor, the Congress may authorise ten members of the Federal Executive Council to serve as a collective Regency until the Congress deems that the Emperor is fit to rule.
  3. Any Executive Councillor who:
    1. is a current member of His Majesty's Cabinet; or
    2. is a current senator or member of the House of Representatives;

    shall be incapable of being chosen as a member of the Regency.

  4. The Regent or Regency shall be granted limited executive authority, and will be empowered to grant assent to laws and bills passed by the Congress.
  5. The Regent or Regency may not dissolve Congress unilaterally, and may not remove the Government or the Chancellor from office unless the Congress passes a motion of no confidence in the Government or the Chancellor.

Section 4

  1. The executive powers vested in the Emperor shall be devolved to a Government of Cygnia. This Government shall be led by a Chancellor of the Union. The Chancellor shall be he who will command the confidence of the House of Representatives. All other members of the Government shall be nominated by the Chancellor, and subject to the approval of the Emperor.
  2. The Chancellor shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the Union, or any of them.
  3. Before he enter on the execution of his office, he shall take the following oath or affirmation:—I, A.B., do solemnly swear (or affirm) that I will well and truly serve His Imperial Majesty George the Fourth, His heirs and successors according to law, in the office of Chancellor of the United Cygnian States. I will to the best of my ability serve, protect and defend the Constitution of the Union, and I will do right to all manner of people after the laws and usages of the Union, without fear or favour, affection or ill will." The name of the Emperor or Empress of the Cygnians for the time being is to be substituted from time to time.
  4. The Chancellor of the Union shall be required to hold frequent audiences with the Emperor, and to give unto him information on the state of His Imperial Majesty's Government.

Section 5

  1. In case of the removal of the Chancellor from office or of his death or resignation, the Vice Chancellor shall become Chancellor.
  2. Whenever there is a vacancy in the office of the Vice Chancellor, the Chancellor shall nominate a Vice Chancellor who shall take office upon confirmation by a majority vote of both Houses of Congress.
  3. Whenever the Chancellor transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice Chancellor as Acting Chancellor.
  4. Whenever the Vice Chancellor and a majority of either the principal officers of the executive ministries or of such other body as Congress may by law provide, transmit to the President of the Senate and the Speaker of the House of Representatives their written declaration that the Chancellor is unable to discharge the powers and duties of his office, the Vice Chancellor shall immediately assume the powers and duties of the office as Acting Chancellor. Thereafter, when the Chancellor transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice Chancellor and a majority of either the principal officers of the executive ministries or of such other body as Congress may by law provide, transmit within four days to the President of the Senate and the Speaker of the House of Representatives their written declaration that the Chancellor is unable to discharge the powers and duties of his office.
  5. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the Chancellor is unable to discharge the powers and duties of his office, the Vice Chancellor shall continue to discharge the same as Acting Chancellor; otherwise, the Chancellor shall resume the powers and duties of his office.

Section 6

  1. The Chancellor, Vice Chancellor, and all Civil Officers of the Union, shall be removed from office on Impeachment for and conviction of, treason, bribery, or other high crimes and misdemeanours.
  2. The Emperor shall never be above the law, and as such for the same shall be compelled to abdicate, and to have His designated heir succeed Him.

ARTICLE III

Section 1

  1. The judicial power of the Union shall be vested in a single Supreme Court, and in such other federal courts as the Congress creates, and in such other courts as it invests with federal jurisdiction. The Supreme Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Congress prescribes.
  2. The Justices of the Supreme Court and of the other courts created by the Congress:
    1. shall be appointed by the Emperor in Council;
    2. shall not be removed except by the Emperor in Council, on impeachment by the House of Representatives and conviction by the Senate in the same session, on the ground of proved misbehaviour or incapacity;
    3. shall receive such remuneration as the Congress may fix; but the remuneration shall not be diminished during their continuance in office.
    The appointment of a Justice of the Supreme Court shall be for a term expiring upon his attaining the age of seventy years, and a person shall not be appointed as a Justice of the Supreme Court if he has attained that age.

    The appointment of a Justice of a court created by the Congress shall be for a term expiring upon his attaining the age that is, at the time of his appointment, the maximum age for Justices of that court and a person shall not be appointed as a Justice of such a court if he has attained the age that is for the time being the maximum age for Justices of that court.

    Subject to this section, the maximum age for Justices of any court created by the Congress is seventy years.

    The Congress may make a law fixing an age that is less than seventy years as the maximum age for Justices of a court created by the Congress and may at any time repeal or amend such a law, but any such repeal or amendment does not affect the term of office of a Justice under an appointment made before the repeal or amendment.

    A Justice of the Supreme Court or of a court created by the Congress may resign his office by writing under his hand delivered to the Emperor.

Section 2

  1. The Supreme Court shall have jurisdiction, with such exceptions and subject to such regulations as the Congress prescribes, to hear and determine appeals from all judgments, decrees, orders, and sentences:
    1. of any Justice or Justices exercising the original jurisdiction of the Supreme Court;
    2. of any other federal court, or court exercising federal jurisdiction;
    3. of the Inter-State Commission, but as to questions of law only;
    and the judgment of the Supreme Court in all such cases shall be final and conclusive.
  2. In all matters:
    1. arising under any treaty;
    2. affecting consuls or other representatives of other countries;
    3. in which the Union, or a person suing or being sued on behalf of the Union, is a party;
    4. between States, or between residents of different States, or between a State and a resident of another State;
    5. in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Union;
    the Supreme Court shall have original jurisdiction.
  3. The Congress may make laws conferring original jurisdiction on the Supreme Court in any matter:
    1. arising under this Constitution, or involving its interpretation;
    2. arising under any laws made by the Congress;
    3. of Admiralty and maritime jurisdiction;
    4. relating to the same subject-matter claimed under the laws of different States.
  4. With respect to any of the matters mentioned in the last two sections the Congress may make laws:
    1. defining the jurisdiction of any federal court other than the Supreme Court;
    2. defining the extent to which the jurisdiction of any federal court shall be exclusive of that which belongs to or is invested in the courts of the States;
    3. investing any court of a State with federal jurisdiction.
  5. The Congress may make laws conferring rights to proceed against the Union or a State in respect of matters within the limits of the judicial power.
  6. The federal jurisdiction of any court may be exercised by such number of judges as the Congress prescribes.
  7. The trial on indictment of any offence against any law of the Union shall be by jury, and every such trial shall be held in the State where the offence was committed, and if the offence was not committed within any State the trial shall be held at such place or places as the Congress prescribes.

Section 3

  1. Treason against the Union shall consist only in leving war against them, or in adhering to their enemies, giving them aid and comfort. 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.
  2. The Congress shall have the power to declare the punishment and treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

ARTICLE IV

Section 1

  1. All revenues or moneys raised or received by the Executive Government of the Union shall form one Treasury, to be appropriated for the purposes of the Union in the manner and subject to the charges and liabilities imposed by this Constitution.
  2. The costs, charges, and expenses incident to the collection, management, and receipt of the Treasury shall form the first charge thereon; and the revenue of the Union shall in the first instance be applied to the payment of the expenditure of the Union.
  3. No money shall be drawn from the Treasury of the Union except under appropriation made by law.
  4. Trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.
  5. The power of the Congress to make laws with respect to trade and commerce extends to navigation and shipping, and to railways the property of any State.
  6. The Union shall not, by any law or regulation of trade, commerce, or revenue, give preference to one State or any part thereof over another State or any part thereof.
  7. The Union shall not, by any law or regulation of trade or commerce, abridge the right of a State or of the residents therein to the reasonable use of the waters of rivers for conservation or irrigation.

Section 2

  1. There shall be an Inter-State Commission, with such powers of adjudication and administration as the Congress deems necessary for the execution and maintenance, within the Union, of the provisions of this Constitution relating to trade and commerce, and of all laws made thereunder.
  2. The Congress may by any law with respect to trade or commerce forbid, as to railways, any preference or discrimination by any State, or by any authority constituted under a State, if such preference or discrimination is undue and unreasonable, or unjust to any State; due regard being had to the financial responsibilities incurred by any State in connection with the construction and maintenance of its railways. But no preference or discrimination shall, within the meaning of this section, be taken to be undue and unreasonable, or unjust to any State, unless so adjudged by the Inter-State Commission.
  3. The Inter-State Commission:
    1. shall be appointed by the Emperor in Council;
    2. shall hold office for ten years, but may be removed within that time by the Emperor in Council, on impeachment by the House of Representatives and conviction by the Senate in the same session, on the ground of proved misbehaviour or incapacity;
    3. shall receive such remuneration as the Congress may fix; but such remuneration shall not be diminished during their continuance in office.
  4. Nothing in this Constitution shall render unlawful any rate for the carriage of goods upon a railway, the property of a State, if the rate is deemed by the Inter-State Commission to be necessary for the development of the territory of the State, and if the rate applies equally to goods within the State and to goods passing into the State from other States.

Section 3

  1. The Congress may take over from the States their public debts, or a proportion thereof according to the respective numbers of their people as shown by the latest statistics of the Union, and may convert, renew, or consolidate such debts, or any part thereof; and the States shall indemnify the Union in respect of the debts taken over, and thereafter the interest payable in respect of the debts shall be deducted and retained from the portions of the surplus revenue of the Union payable to the several States, or if such surplus is insufficient, or if there is no surplus, then the deficiency or the whole amount shall be paid by the several States.
  2. The Union may make agreements with the States with respect to the public debts of the States, including:
    1. the taking over of such debts by the Union;
    2. the management of such debts;
    3. the payment of interest and the provision and management of sinking funds in respect of such debts;
    4. the consolidation, renewal, conversion and redemption of such debts;
    5. the indemnification of the Union by the States in respect of debts taken over by the Union; and
    6. the borrowing of money by the State or the Union, or by the Union for the States.

    The powers conferred by this clause shall not be construed as being limited in any way by the provisions of clause 1 of this Section.

ARTICLE V

Section 1

Full faith and credit shall be given, throughout the Union to the laws, the public Acts and records, and the judicial proceedings of every State. And the Congress of the Union may by general laws prescribe the manner in which such Acts, records and proceedings shall be proved, and the effect thereof.

Section 2

  1. The Constitution of each State of the Union shall, subject to this Constitution, continue as at the establishment of the Union, or as at the admission or establishment of each State, as the case may be, until altered in accordance with the Constitution of the State
  2. Every power of the Legislature of a State shall, unless it is by this Constitution exclusively vested in the Congress of the Union or withdrawn from the Legislature of the State, continue as at the establishment of the Union, or as at the admission or establishment of the State, as the case may be.
  3. Every law in force in a State prior to its admission into the Union, and relating to any matter within the powers of the Congress of the Union, shall, subject to this Constitution, continue in force in the State; and, until provision is made in that behalf by the Congress of the Union, the Legislature of the State shall have such powers of alteration and of repeal in respect of any such law as the Legislature of the State had before admission into the Union.
  4. When a law of a State is inconsistent with a law of the Union, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

Section 3

  1. The provisions of this Constitution relating to the Governor of a State extend and apply to the Governor for the time being of the State, or other chief executive officer or administrator of the government of the State.
  2. The Legislature of a State may surrender any part of the State to the Union; and upon such surrender, and the acceptance thereof by the Union, such part of the State shall become subject to the exclusive jurisdiction of the Union.
  3. A State may levy on imports or exports, or on goods passing into or out of the State, such charges as may be necessary for executing the inspection laws of the State; but the net produce of all charges so levied shall be for the use of the Union; and any such inspection laws may be annulled by the Congress of the Union.
  4. All fermented, distilled, or other intoxicating liquids passing into any State or remaining therein for use, consumption, sale, or storage, shall be subject to the laws of the State as if such liquids had been produced in the State.

Section 4

  1. A State shall not, without the consent of the Congress of the Union, raise or maintain any naval or military force, or impose any tax on property of any kind belonging to the Union, nor shall the Union impose any tax on property of any kind belonging to a State.
  2. A State shall not coin money, nor make anything but gold and silver coin a legal tender in payment of debts.

Section 5

  1. A Citizen of the Union, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a Citizen of the Union resident in such other State.
  2. A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall on demand of the Executive Government of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.
  3. Every State shall make provision for the detention in its prisons of persons accused or convicted of offences against the laws of the Union, and for the punishment of persons convicted of such offences, and the Congress of the Union may make laws to give effect to this provision.

Section 6

  1. The Union shall guarantee to every State in this Federation a constitutional and free form of government under the Emperor, and shall protect each of them against invasion and, on the application of the Executive Government of the State, against domestic violence.

ARTICLE VI

Section 1

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or 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.

Section 2

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.

Section 3

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.

Section 4

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, 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.

Section 5

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 favour, and to have the assistance of counsel for his defence.

Section 6

In suits at common law, where the value in controversy shall exceed three hundred sovereigns, 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 Union, than according to the rules of the common law.

Section 7

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

Section 8

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

Section 9

The powers not delegated to the Union by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

ARTICLE VII

Section 1

New States may be admitted by the Congress into the Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned as well as of the people of the States concerned and of the Congress of the Union.

Section 2

The Congress shall have the power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the Union; and nothing in this Constitution shall be so construed as to prejudice any claims of the Union, or of any particular State.

Section 3

The Congress may make laws for the government of any territory surrendered by any State to and accepted by the Union, or otherwise acquired by the Union, and may allow the representation of such territory in either House of the Congress to the extent and on the terms which it thinks fit.

Section 4

The Congress of the Union may, with the consent of the Legislature of a State, and the approval of the majority of the electors of the State voting upon the question, increase, diminish, or otherwise alter the limits of the State, upon such terms and conditions as may be agreed on, and may, with the like consent, make provision respecting the effect and operation of any increase or diminution or alteration of territory in relation to any State affected.

Section 5

A new State may be formed by separation of territory from a State, but only with the consent of the Legislature thereof, and a new State may be formed by the union of two or more States or parts of States, but only with the consent of the Legislatures of the States affected.

ARTICLE VIII

This Constitution shall not be altered except in the following manner:

The proposed law for the alteration thereof must be passed by an absolute majority of each House of the Congress, and not less than two nor more than six months after its passage through both Houses the proposed law shall be submitted in each State and Territory to the electors qualified to vote for the election of members of the House of Representatives.

But if either House passes any such proposed law by an absolute majority, and the other House rejects or fails to pass it, or passes it with any amendment to which the first-mentioned House will not agree, and if after an interval of three months the first-mentioned House in the same or the next session again passes the proposed law by an absolute majority with or without any amendment which has been made or agreed to by the other House, and such other House rejects or fails to pass it or passes it with any amendment to which the first-mentioned House will not agree, the Emperor may submit the proposed law as last proposed by the first-mentioned House, and either with or without any amendments subsequently agreed to by both Houses, to the electors in each State and Territory qualified to vote for the election of the House of Representatives.

When a proposed law is submitted to the electors the vote shall be taken in such manner as the Congress prescribes.

And if in a majority of the States a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the Emperor for His Assent.

No alteration diminishing the proportionate representation of any State in either House of the Congress, or the minimum number of representatives of a State in the House of Representatives, or increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting in that State approve the proposed law.

In this section, Territory means any territory referred to in section four of the sixth Article of this Constitution in respect of which there is in force a law allowing its representation in the House of Representatives.

ARTICLE IX

Section 1

All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the Union under this Constitution, as under the Empire of Cygnia.

Section 2

This Constitution, and the laws of the Union which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the Union, shall be the Supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any state to the contrary notwithstanding.

Section 3

The senators and members before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the Union and of the several States, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall be required as a qualification for any office or public trust under the Union.

ARTICLE X

The ratification of the Constitutional Delegations of six States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.

Done in Convention by the unanimous consent of the States present the Eighteenth Day of February in the Year of our Lord One Thousand, Nine Hundred and Forty Eight in witness whereof we have hereunto subscribed our names:

Joseph B. Chifley—President and deputy from Pilbara