To answer the all the points that you make, your Moon Base's Constitution wouldn't be short. The US Constitution is really the ONLY place to start. Here is an example of what I did with it.....
THE CONSTITUTION
of the
OCEANIC CITIZENS REPUBLIC
PREAMBLE
We the People, the Citizen Captains, Subject Citizens and Subjects, pursuing the goals spelled out in this Constitution, do here by proclaim and establish the “OCEANIC CITIZENS REPUBLIC” on this, the 20th day of February in the year 2007 of the common era thus laying claim to all the rights, duties, responsibilities and privileges of a free and sovereign state as defined in Article 1 of the 1933 Montevideo Convention on Rights and Duties of States.
ARTICLE I THE STATE DEFINED
SECTION 1 FORM
I.1.1 The Republic is secular, sovereign and representative.
I.1.2 All persons natural and legal must yield to these principles.
I.1.3 This Constitution is the Supreme Law of the Republic.
SECTION 2 LOCATION
I.2.1 The Oceanic Citizens Republic’s Home Territory is One Square Nautical Mile located at 10.00.00S to 10.01.00S at 121.34.00W to 121.35.00W, over section ‘E’ of the International SeaLand Enterprises (ISLE) claim of September 1975.
I.2.2 The Oceanic Citizens Republic Extra-Territorial Surface Claims include:
I.2.2a) The O.C.R. Indian Ocean Territorial Surface at or about 30.00.00S, 80.00.00E;
I.2.2b) The O.C.R. South Atlantic Territorial Surface at or about 30.00.00S, 20.00.00W;
I.2.2c) The O.C.R. North Atlantic Territorial Surface at or about 30.00.00N, 40.00.00W;
I.2.2d) The O.C.R. South Pacific Territorial Surface at or about 50.00.00S, 125.00.00W;
I.2.2e) The O.C.R. North Pacific Territorial Surface at or about 40.00.00N, 170.00.00W;
I.2.3 The Oceanic Citizens Republic makes no claims in its Home Territory or its Extra-Territorial Surfaces save the right of its Citizen Captains, Subject Citizens and Subjects to peaceably assemble and exercise the Rights of Sovereign Government there sharing in the common heritage of humankind.
I.2.3a) Whereas our Republic exists in Vessels, Ships and Seastations each is the Sovereign Territory of the Republic and is entitled to all the rights, duties, responsibilities and privileges as such.
SECTION 3 CITIZEN CAPTAINS, SUBJECT CITIZENS, SUBJECTS, PHILOSOPHY AND LANGUAGE
I.3.1 Citizen Captains are human beings, natural persons who have attained the age of adulthood and who have assumed and accepted the duty and responsibility as Captain of a vessel.
I.3.1a) Whereas one of the youngest people to solo-circumnavigate the earth was Captain Robin Graham who began his voyage at age 16 aboard S/V Dove, the age of 16 is the age of Adulthood,
I.3.1b) Whereas one of the smallest vessels to circumnavigate the earth was S/V Trekka at 20.5’ Captained by John Guzzwell, a Vessel is defined as being 20.5’ or longer at the water line.
I.3.2 Subject Citizens are human beings, natural persons who have attained the age of 21 years, who have assumed and accepted the duty and responsibility as Heads of Households and who dwell on Ships or Seastations.
I.3.2a) The Head of a Household is a natural person who has assumed of the duty and responsibility as the Primary Provider for dependent adults and/or children.
I.3.2b) For the purpose of identification, a Ship is defined as a vessel 205’ or longer at the water line.
I.3.2c) For the purpose of identification, a Seastation is defined as a floating platform or structure of at least 14,000 square feet, anchored or otherwise fixed at a point within the Republic’s Home Territory or Extra-Territorial Surface.
I.3.3 Subjects are human beings, natural persons who are the dependants of a Citizen Captain, Subject Citizen or Subject of the Republic.
I.3.4 The philosophy of Citizenship upon which the Oceanic Citizens Republic is based is that the Citizen Captain, having assumed the duty and responsibility of command, is solely responsible for the care, custody, safety and welfare of the human beings aboard his/her vessel. This is an indisputable fact of nature recognized and codified in International Maritime Law and the Laws of Nations. Those human beings who have not assumed this duty and responsibility are not qualified to affect the absolute right and decision-making authority of those who have. Such human beings are subject to the authority of their Captain and owe their Captain their trust and loyalty even as the Republic is owed their Captain’s trust and loyalty.
I.3.5 Citizen Captains, Subject Citizens and adult Subjects will make the following Affirmation: “I __________________ do solemnly affirm, that I will support and defend the Constitution of the Oceanic Citizens Republic, bearing true faith and allegiance to the same.”
I.3.6 The English Language is the official language of the Republic.
SECTION 4 SYMBOLS
I.4.1 The Republic has the National Colors of Red, Yellow and Blue which are the primary colors occurring in nature from which all other colors are composed.
I.4.1a) The SRGB Standard colors and numbers are Red FF0000, Yellow FFFF00 and Blue 0000FF.
I.4.2 The flag of the Republic utilizes the National Colors to illustrate the three primary elements of our oceanic world: the Sun, Sky and Sea.
I.4.2a) The Sea makes up the bottom 1/3 of the hoist and the sky the upper 2/3rds on a horizontal line;
I.4.2b) The disk of the Sun is ½ the hoist in diameter, bisected by the line and covered by the Sea, one radius from the hoist,
I.4.2c) From the vertical the Suns rays are set 60’ apart at 30’, 90’, 150’, 210’, 270’ and 330’ radiating outward covering 10’ of arc, 5’ on either side of the line. Four rays are seen above the horizontal line of the Sea, the lower two showing only 5’ above that line;
I.4.3) The National Flag is flown over our Embassies and Seastations and has a hoist to fly ratio of 4 by 9 and be of a size to be taken note of at a great distance, to be flown on a pole at least 3 but not more than 4 times its diagonal length,
I.4.3a) The Ensign, or common use flag, has a hoist to fly ratio of 3 by 5, the fly being approximately 1 inch per foot of waterline of the vessel and is to be flown on a staff at the stern when the boat is at anchor displayed from 0800 till sundown and while under way, it may be flown at the peak of a gaff-rigged vessel or from the leach of a jib-headed mainsail 1/3 of the way down from the peak, or from the backstay 1/3 of the way down from the peak, or on a stern staff if the boom does not over hang the stern.
I.4.3b) The Jack, showing only the disk of the Sun 1/2 the hoist in diameter centered in the field of the Sky has a hoist to fly ratio of 2 by 3, proportional to the Ensign of the vessel and will be flown on a jack staff at the bow from 0800 till sundown while at anchor,
I.4.3c) The Commissioning Pennant of the Republic has a hoist to fly ratio of 1 by 150, is swallow tailed, divided in half on a horizontal line Yellow above, Blue below and be approximately as long as the waterline of the vessel on which it is flown and flown at the peak of the mainsail to commemorate the establishment of the Republic or other such times as directed or desired,
I.4.3d) The Banner of the Republic is hung vertically and has a width to length ratio of 1 by 6 with the Sea making up the bottom 1/6, the Sky the other 5/6 and the disk of the Sun with all six rays showing is ½ the banner width in diameter centered in the field of the Sky, suspended from the overhead or top of a podium, and should not be so long as to touch the deck.
I.4.4 The Great Seal of the Republic is oval in shape.
I.4.4a) The obverse side is engraved with the Sun, Sky and Sea, centered in the arc at the top is the motto “RESPUBLICA FORTIS TENAX EST” meaning, “OUR REPUBLIC IS STRONG AND TENATIOUS” and centered in the arc at the bottom is the date MMVII,
I.4.4b) The reverse side is engraved with the Sky, Sea, and a sailboat and centered below the horizontal line of the Sea are the words “OCEANIC CITIZENS REPUBLIC”.
I.4.5 The Coat of Arms of the Republic is emblazoned on a shield and shows two mermaids symbolizing peace and prosperity facing each other holding a wreath of kelp framing an image of both sides of the Great Seal of the Republic superimposed and below the wreath framed by the mermaid’s tails are the two hemispheres of the earth.
I.4.6 The National Anthem of the Republic is “Song of the High Seas” by Richard Rodgers.
I.4.7 The National bird of the Republic is the Albatross.
ARTICLE II OBJECTIVES, SECURITY and ORGANIZATIONAL PRINCIPLES of the STATE
SECTION 1 OBJECTIVES
II.1.1 The Republic promotes justice and universal protection of individual human rights.
II.1.2 The Republic establishes solidarity, fraternity, and national unity among its Citizen Captains, Subject Citizens and Subjects.
II.1.3 The Republic encourages:
II.1.3a) Education and schooling;
II.1.3b) Preservation and development of culture;
II.1.3c) Preservation and maintenance of historical objects;
II.1.3d) The protection of the environment for its own intrinsic value.
SECTION 2 SECURITY
II.2.1 The Republic promotes worldwide peace. Acts undertaken to disturb the peaceful relations between nations are unconstitutional and treasonous.
II.2.2 There shall be no ‘State Secrets’.
II.2.2a) Only in time of actual War shall there be ‘Military Secrets’ and then only of an immediate tactical nature.
II.2.2b) That there shall be no State or Military Secrets is not to be construed to mean that in the interest of the States security or Force Protection there shall not be operations and communications security procedures based on the principles of “Need to Know”.
II.2.3 The Republic renounces the right to make Aggressive War or make preparations for War except in cases of grave and immediate threat to the existence of the Republic.
II.2.4 All Citizen Captains, Subject Citizens and Subjects sixteen to sixty years of age constitute the Militia.
II.2.5 Every Citizen Captain, Subject Citizen and Subject of age shall serve two days per month and one week per year in the Militia or Unarmed Civil Service.
II.2.5a) Service in the Militia or Unarmed Civil Services is a duty, whoever is unable to serve shall pay restitution to the Republic as the honor is to serve.
VI.2.5b) Primary Caregivers with dependent children or adults are excepted.
II.2.6 If the Militia is Mobilized, its members make the following Affirmation: “I __________________ do solemnly affirm, that I will support and defend the Constitution of the Oceanic Citizens Republic, bearing true faith and allegiance to the same, that I will obey the orders of the President as Commander in Chief of the Militia and Leaders appointed over me according to Law and Regulations.”
II.2.7 The Militia draws up its own Laws, Regulations and procedures regarding qualifications, duties, positions, promotions and discipline within the ranks.
II.2.8 There is no compensation for service in the Militia as the honor is to serve.
SECTION 3 ORGANIZATIONAL PRINCIPLES
II.3.1 The Republic separates Executive, Legislative and Adjudicative power.
II.3.1a) Offices in the different branches are incompatible with each other.
II.3.1b) Offices in the branches are incompatible with any office on a lower level.
II.3.1c) Legislative, Adjudicative, Ministerial or Ambassadorial offices are incompatible with Militia service when the Militia has been mobilized in time of War.
ARTICLE III EXECUTITVE BRANCH
SECTION 1 PRESIDENT
III.1.1 Executive power is vested in the Republic.
III.1.2 The President is the head of the Republic.
III.1.3 The President selects the National Ministers who are approved by the Senate.
III.1.4 The President selects his Ambassadors who are approved by the Senate.
III.1.5 The President is Commander in Chief of the Militia.
III.1.5a) The President selects the six Fleet Admirals and six Vice Fleet Admirals, one Admiral Combined Fleet and one Vice Admiral Combined Fleet who are all approved by the Senate.
III.1.6 The President drafts and submits to the Senate the annual budget.
III.1.7 The office of President ends at the time of retirement, when the President is impeached or resigns.
III.1.8 The President is the parliamentary president of the Senate but votes only in the event of a tie.
III.1.8a) The President may be heard during sessions according to the same rules that govern the participation of members of the Senate on bills when introduced or being considered.
III.1.9 The President has line item veto power over bills passed by the Senate, except in matters of impeachment or Laws altering this Constitution.
III.1.10 The President is elected by and from the Senate with precedence over all other business.
III.1.11 Every Citizen Captain with voting and electoral rights, having been elected to and from a Regional House of Representatives to the National House of Representatives to the Senate, is eligible for the office of President.
III.1.12 The President, before taking office, makes the following Affirmation: “I __________________ do solemnly affirm, that I will support and defend the Constitution of the Oceanic Citizens Republic, bearing true faith and allegiance to the same, that I will faithfully execute this office according to Law and Regulations.”
III.1.13 The President shall not be held accountable for actions performed in the exercise of his/her office except in the case of Treason, may be indicted only by the Senate, and tried only by the Supreme Court.
III.1.13a) Treason is defined as the wonton violation of this Constitution, the violation of allegiance and betrayal of the Republic by waging war against it, or by consciously and purposely acting to aid its enemies foreign or domestic, or the usurpation of state power for personal gain.
III.1.13b) Treason is punishable by Banishment on Pain of Death or Death if loss of life has resulted from its commission.
III.1.14 There is no compensation for service as President as the honor is to serve.
SECTION 2 MINISTERS and MINISTRIES, THE UNARMED CIVIL SERVICES
III.2.1 Every Citizen Captain with voting and electoral rights and Subject Citizen with voting and appointment rights are eligible for the office of Minister.
III.2.2 The Minister, before taking office, makes the following Affirmation: “I __________________ do solemnly affirm, that I will support and defend the Constitution of the Oceanic Citizens Republic, bearing true faith and allegiance to the same, that I will faithfully execute this office according to Law and Regulations.”
III.2.3 A Ministers office ends at the time of retirement, when he/she loses their voting, electoral or appointment right, is replaced by the President or resigns.
III.2.4 The purpose of the Ministries is to provide the President, the Senate, the National House of Representatives, the Regional Houses of Representatives and each other with information, legal and administrative assistance as required.
III.2.5 There are eight Ministries:
III.2.5a) Aquaculture;
III.2.5b) Defense;
III.2.5c) Education;
III.2.5d) Foreign;
III.2.5e) Health;
III.2.5f) Interior;
III.2.5g) Justice;
III.2.5h) Treasury.
III.2.6 The Ministries provide information, legal and administrative assistance to Citizen Captains, Subject Citizens, Subjects and others at large for a fee.
III.2.7 The Ministries publish the Official National Publication; “THE REPUBLIC” bi-annually which contains News of the Republic, proposed bills, arguments for and against their passage and the information upon which they are based.
III.2.7a) The Ministries publish the, “OCEANIC CITIZENS REPUBLIC CODE OF LAWS” as required which contains this Constitution, Laws and Treaties of the Republic.
III.2.8 The Ministries explicitly forbidden by this Constitution to legislate or make Law or Regulations.
III.2.9 The Ministries draw up their own regulations and procedures regarding qualifications, duties, positions and promotions within the ranks.
III.2.10 There is no compensation for service as Ministers or service in the Ministries as the honor is to serve.
SECTION 3 TREATIES, FOREIGN AFFAIRS and AMBASSADORS
III.3.1 Only the President or his Ambassadors sign treaties with other states and conducts foreign affairs.
III.3.2 Every Citizen Captain with voting and electoral rights and Subject Citizen with voting and appointment rights are eligible for the office of Ambassador.
III.3.3 An Ambassadors office ends at the time of retirement, when he/she loses their voting, electoral or appointment right, is replaced by the President or resigns.
III.3.4 There is no compensation for service as Ambassador as the honor is to serve.
III.3.4a) The Ambassador, before taking office, makes the following Affirmation: “I __________________ do solemnly affirm, that I will support and defend the Constitution of the Oceanic Citizens Republic, bearing true faith and allegiance to the same, that I will faithfully execute this office according to Law and Regulations.”
III.3.5 The Republic does not seek Diplomatic Immunity for its Ambassadors nor does it grant Diplomatic Immunity to others except in time of actual War.
III.3.6 Treaties that conflict or tend to conflict with this Constitution are Unconstitutional, illegal and void in se.
III.3.7 The Senate ratifies or fails to ratify treaties.
III.3.7a) Treaties not ratified by the Senate must be revoked by the Senate within twelve months or they become de facto Law.
III.3.8) The President is bound by decisions of the Senate in this section.
SECTION 4 STATE of EMERGENCY
III.4.1 In cases of grave and immediate threat to the existence of the Republic, the President may take necessary emergency measures for its defense by executive decree.
III.4.2 All emergency measures taken by the President must be confirmed or revoked by the Senate at the earliest possible time.
III.4.3) The President is bound by decisions of the Senate in this section.
SECTION 5 IMPEACHMENT
III.5.1 An impeachment of the President takes the form of a new Presidential election called by the Senate.
III.5.2 To call for a new Presidential election requires a two thirds vote by the Senate and ratification by the National House of Representatives and the six Regional Houses of Representatives by simple majority.
III.5.3) The President is bound by decisions of the Senate in this section.
ARTICLE IV LEGISLATIVE BRANCH
SECTION 1 REGIONAL HOUSES of REPRESENTATIVES
IV.1.1 This Constitution explicitly provides that there shall be a secular, representative and Republican form of government in the Home Territory, and the five Territorial Surfaces.
IV.1.2 This Constitution explicitly provides that all the rights, duties, responsibilities, privileges and restrictions that apply to the Republic apply to the Territorial Surfaces, Vessels, Ships and Seastations with the exceptions and provisions stated in Article VI Section 4 of this Constitution.
IV.1.3 The purpose of the Regional Houses of Representatives is the election of National Representatives, to provide a physical and administrative framework for the Enforcement of Law, the dissemination of information from the Ministries, the collection of fees and to check Senate power with regard to impeaching the President or amending this Constitution.
IV.1.4 Every Citizen Captain with voting and electoral rights is eligible for the office of Regional Representative.
IV.1.5 The Regional Houses of Representatives consists of members in the proportion of one Representative and three Alternates for every one thousand Citizen Captains and Subject Citizens eligible to vote in the Home Territory and five Territorial Surfaces.
IV.1.5a) The First Alternate has no vote but assumes the role of Representative if his/her member is elected to the National House of Representatives, the Second and Third Alternates accompany the Representative to the National House of Representatives.
IV.1.6 Representatives serve a term of four years.
IV.1.7 The Representative, before taking office, makes the following Affirmation: “I __________________ do solemnly affirm, that I will support and defend the Constitution of the Oceanic Citizens Republic, bearing true faith and allegiance to the same, that I will faithfully execute this office according to Law and Regulations.”
IV.1.8 The term of a Representative ends at re-election or if he/she loses their voting and electoral rights or resigns.
IV.1.9 Elections are free, equal and secret.
IV.1.10 Elected representatives are bound only by their conscience and the Law: they are the servants of all and serve for the good of the Republic.
IV.1.11 There is no compensation for service in the Regional House of Representatives as the honor is to serve.
SECTION 2 NATIONAL HOUSE of REPRESENTATIVES
IV.2.1 The purpose of the National House of Representatives is the appointment of Judges, the election of Senators and to be heard during sessions according to the same rules that govern the participation of members of the Senate on bills when introduced or being considered and to check Senate power with regard to impeaching the President or amending this Constitution.
IV.2.2 Every Citizen Captain with voting and electoral rights, having been elected to a Regional House of Representatives is eligible for the office of National Representative.
IV.2.3 The National House of Representatives consists of members from the Home Territory and five Territorial Surfaces in the proportion of one Representative and two Alternates for every ten Regional Representatives.
IV.2.3a) The Second Alternate has no vote but assumes the role of Representative if his/her member is elected to the Senate, and Third Alternate accompanies the Senator to the Senate.
IV.2.4 Representatives serve a term of eight years and may be re-elected three times.
IV.2.4a) Every four years half of the Representative’s seats come up for re-election.
IV.2.5 The Representative, before taking office, makes the following Affirmation: “I __________________ do solemnly affirm, that I will support and defend the Constitution of the Oceanic Citizens Republic, bearing true faith and allegiance to the same, that I will faithfully execute this office according to Law and Regulations.”
IV.2.6 Representatives may not be subjected to court proceedings or disciplinary action for a vote cast or a statement made by them in the House of Representatives or in any of its committees.
IV.2.7 Representatives may not be called to account or be arrested except by permission of the Senate or President.
IV.2.8 The term of a Representative ends at re-election or if he/she loses their voting and electoral rights or resigns.
IV.2.9 Elections are free, equal and secret.
IV.2.10 Elected representatives are bound only by their conscience and the Law: they are the servants of all and serve for the good of the Republic.
IV.2.11 There is no compensation for service in the National House of Representatives as the honor is to serve.
SECTION 3 SENATE
IV.3.1 Legislative power is vested in the Senate.
IV.3.2 Every Citizen Captain with voting and electoral rights, having been elected to a Regional House of Representatives, the National House of Representatives is eligible for the office of Senator.
IV.3.3 The Senate consists of members from the Home Territory and five Territorial Surfaces in the proportion of one Senator and one Alternate for every ten National Representatives or by at least one each.
IV.2.3a) The Third Alternate votes only in his/her Senators absence and/or assumes the role of Senator if his/her member is elected to the Presidency.
IV.3.4 Senators serve a term of twelve years and may be re-elected three times.
IV.3.4a) Every six years half of the Senate’s seats come up for re-election.
IV.3.5 The Senator, before taking office, makes the following Affirmation: “I __________________ do solemnly affirm, that I will support and defend the Constitution of the Oceanic Citizens Republic, bearing true faith and allegiance to the same, that I will faithfully execute this office according to Law and Regulations.”
IV.3.6 The Senate draws up its own regulations and procedures.
IV.3.7 Decisions of the Senate require a majority of the votes cast (simple majority) unless otherwise provided for in this Constitution.
IV.3.8 Senators may not be subjected to court proceedings or disciplinary action for a vote cast or a statement made by them in the Senate or in any of its committees.
IV.3.9 Senators may not be called to account or be arrested except by permission of the President.
IV.3.10 The term of Senator ends at re-election or if he/she loses their voting and electoral rights or resigns.
IV.3.11 Elections are free, equal and secret.
IV.3.12 Elected representatives are bound only by their conscience and the Law: they are the servants of all and serve for the good of the Republic.
IV.3.13 There is no compensation for service in the Senate as the honor is to serve.
SECTION 4 LAWMAKING PROCESS
IV.4.1 Bills can only be introduced by members of the Senate.
IV.4.2 All Bills will be brief, clear, concise, to the point and self-contained.
VI.4.3 The President and National House of Representatives must be informed immediately by the Senate of any bill introduced and be given the opportunity to be heard during sessions according to the same rules that govern the participation of its members.
VI.4.4 Laws amending this Constitution require a two-thirds vote by the Senate and ratification by the National House of Representatives and the six Regional Houses of Representatives by simple majority.
VI.4.5 Laws become effective when signed by the President after scrutiny.
VI.4.5a) Laws not signed by the President must be vetoed by the President within twelve months or they become de facto Law.
VI.4.6 A Presidential veto may be overturned by a two-thirds vote of the Senate.
ARTICLE V ADJUDICATIVE BRANCH
SECTION 1 JUDGES
V.1.1 Every Citizen Captain with voting and electoral rights and Subject Citizen with voting and appointment rights are eligible for the office of Judge.
V.1.2 The Judge, before taking office, makes the following Affirmation: “I __________________ do solemnly affirm, that I will support and defend the Constitution of the Oceanic Citizens Republic, bearing true faith and allegiance to the same, that I will faithfully execute this office according to Law and Regulations.”
V.1.3 The number of National Court Judges shall be one for every five thousand Citizen Captains and Subject Citizens eligible to vote.
V.1.4 The number of National Appeals Court Judges shall be one for every ten thousand Citizen Captains and Subject Citizens eligible to vote.
V.1.5 There shall be seven Supreme Court Judges.
V.1.6 The office of Judge ends at the time of retirement, when he/she loses their voting, electoral or appointment rights or resigns.
V.1.7 There is no compensation for service as Judges as the honor is to serve.
SECTION 2 NATIONAL COURTS
V.2.1 Adjudicative power is vested in the National Courts.
V.2.2 The National Courts have jurisdiction over all civil and criminal offences and other matters assigned to them by Law.
V.2.3 There are six National Court systems, one for each Region of the Republic.
V.2.4 The National Courts are explicitly forbidden by this Constitution to legislate or make law from the bench only establish precedent.
SECTION 3 NATIONAL COURTS of APPEAL
V.3.1 Adjudicative power with regard to appeals from the National Courts is vested in the National Courts of Appeal.
V.3.2 The National Courts of Appeal have jurisdiction over all civil and criminal offences and other matters assigned to them by Law.
V.3.3 There are six National Courts of Appeal systems, one for each Region of the Republic.
V.3.4 The verdicts of a National Court of Appeals are final except where provided for in this Constitution.
V.3.5 The National Courts of Appeal are explicitly forbidden by this Constitution to legislate or make Law from the bench only establish precedent.
SECTION 4 SUPREME COURT
V.4.1 The Supreme Court decides issues involving this Constitution. In particular, the Supreme Court has jurisdiction over:
V.4.1a) Disputes between state entities concerning their respective rights and duties under this Constitution;
V.4.1b) Challenges against the Constitutionality of a Law;
V.4.1c) Cases on appeal from the National Courts, as the Supreme Court deems necessary to review;
V.4.1d) Cases of inconsistent application of the Laws by different National Courts or National Courts of Appeal;
V.4.1e) Cases arising in foreign jurisdictions;
V.4.1f) All other cases assigned to its jurisdiction by Law.
V.4.2 The decisions of the Supreme Court are directly binding on all entities of the Republic.
V.4.3 The Supreme Court is explicitly forbidden by this Constitution to legislate or make Law from the bench only set a precedent established from the National Courts or National Courts of Appeals.
ARTICLE VI RIGHTS, DUTIES, GENERAL PROVISIONS and STATE MONOPOLIES
SECTION 1 RIGHTS
VI.1.1 The Republic is secular and 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 Citizen Captains or Subject Citizens to peaceably assemble or to petition the Republic for a redress of grievances.
VI.1.2 The right of Citizen Captains, Subject Citizens and Subjects to be secure in their persons, vessels, papers and effects against searches and seizures shall not be violated, and no Warrants shall be issued, but on probable cause, supported by oath or affirmation and specifically describing the vessel to be searched, and the persons, papers and effects to be seized.
VI.1.3 No Citizen Captain, Subject Citizen or Subject shall be held to answer for an offence, capital, infamous or otherwise unless on an indictment of a Grand Jury, except in cases arising in the Militia, when in service in time of actual War, nor shall any Citizen Captain, Subject Citizen or Subject be tried for the same offence twice, nor be compelled to be a witness against his/herself.
VI.1.4 In all prosecutions, the accused is entitled to a speedy and public trial, by an impartial Jury in the Region wherein the offence shall have been committed and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him/her; to have a compulsory process for obtaining witnesses in his/her favor and to have assistance of counsel for their defense; the right of trial by Jury shall be preserved and no fact tried by Jury shall be otherwise re-examined by any court of the Republic.
VI.1.5 Bails shall be set at the cost of restitution and all funds collected shall be placed and/or held in the National Treasury except for capital or otherwise infamous offences where there shall be no bail.
VI.1.6 Excessive fines shall not be required, nor cruel or unusual punishments inflected. Toward that end there are seven sentences for offences under the Law:
VI.1.6a) Restitution to the victim(s) for actual damages,
VI.1.6b) Fines shall be three times the cost of restitution and all funds collected shall be placed and/or held in the National Treasury,
VI.1.6c) Deprivation of Voting, Appointment and Electoral Rights,
VI.1.6d) Banishment for a period of time fitting the offence(s) to be determined by Law,
VI.1.6d.1) To be Banished is to be separated from the community of Citizen Captains, Subject Citizens and Subjects, to be forbidden passage through the Territory of the Republic and to be shunned on the High Seas whenever and wherever encountered.
VI.1.6e) Banishment for Life,
VI.1.6f) Banishment on Pain of Death,
VI.1.6f.1) To be Banished on Pain of Death is to be subject to execution, after due process of Law, if found at sea whether within the Territories of the Republic or on the High Seas, whenever or wherever encountered,
VI.1.6g) Death,
VI.1.6g.1) Death is the sentence for the following capital or otherwise infamous offences: Murder, Assault and Battery with Intent to Kill, Voluntary Manslaughter, Criminal Sexual Conduct, Kidnapping, Piracy or the attempt to commit any of these offences, or being an accessory before, during or after the fact of any of these offences and the sentence of Death shall be considered for any offence where the loss of life has resulted from its commission.
VI.1.6g.2) The method of execution shall be hanging except in the militia, where for military offences committed in time of actual war, the method shall be firing squad.
VI.1.7 The various sentences may by combined by the Judge or Jury, at their discretion, to fit the offence(s) committed.
VI.1.8 A writ of habeas corpus shall be required in all prosecutions as victimless offences or offences where no harm can be demonstrated are unconstitutional.
VI.1.8a) Only in a case of Treason can the Republic be the victim; in all other prosecutions a natural or legal person must be a victim.
VI.1.9 Perjury, the bearing of false witness against a Citizen Captain, Subject Citizen, Subject or any person, natural or legal, whether at trial, in an affidavit, oath or affirmation is an offence punishable by Banishment for Life or Death if loss of life has resulted from its commission.
VI.1.9a) Uncorroborated testimony, even from an eyewitness, is not grounds for prosecution only investigation the facts revealed being held in confidence and if no evidence is found, what facts exist shall be reviewed by the Grand Jury to determine if the crime of perjury has been committed.
VI.1.9b) The Grand Jury, having reviewed the revealed facts that exist and finding that no perjury has been committed and that no evidence exists to prosecute an offence under Law shall order the facts published in the Official National Publication “THE REPUBLIC” for scrutiny by the Citizen Captains, Subject Citizens, Subjects and others at large.
VI.1.10 No Citizen Captain, Subject Citizen, Subject or other shall ever be found innocent of an offence due to insanity or any mental aberration regardless of its cause.
VI.1.11 Persons other than Citizen Captains, Subject Citizens or Subjects who commit offences are entitled to equal protection under the Law in all regards save one: sentencing.
VI.1.11a) The minimum sentence for such persons is Banishment for Life.
VI.1.12 No Citizen Captain, Subject Citizen or Subject may be extradited to a foreign jurisdiction.
VI.1.12a) Any Citizen Captain, Subject Citizen or Subject who fails to voluntarily return to a foreign jurisdiction to answer charges of a capital or otherwise infamous offence may be subject to prosecution by the National Court in the Region where he/she resides after review of the facts submitted by that foreign jurisdiction to the Supreme Court.
VI.1.13 Ex post facto Laws are forbidden.
VI.1.14 Usury at rates above 10% are forbidden.
VI.1.15 The enumeration in this Constitution of certain rights shall not be construed to deny other rights retained by the Citizen Captains, Subject Citizens and Subjects.
SECTION 2 DUTIES
VI.2.1 A well regulated Militia being necessary to the security of our Republic, the Citizen Captains, Subject Citizens and Subjects are encouraged and expected to keep and bear arms and be proficient in their use.
VI.2.2 Parents have the duty to see to the care, custody, safety, and welfare and to educate their minor children.
VI.2.3 Adults have the duty to see to the care, custody, safety, and welfare of their parents if they are in need.
VI.2.4 All Citizen Captains and Subject Citizens may be requested to serve as a Juror, Prosecutor of offenders or be a legal Counselor to the accused.
VI.2.4a) The Juror, Prosecutor or Counselor before taking office, makes the following Affirmation: “I __________________ do solemnly affirm, that I will support and defend the Constitution of the Oceanic Citizens Republic, bearing true faith and allegiance to the same, that I will faithfully execute this office according to Law and Regulations.”
VI.2.4b) There is no compensation for service as Jurors, Prosecutors or Counselors as the honor is to serve.
VI.2.5 Service as a Juror, Prosecutor or Counselor is a duty, whoever is unable to serve shall pay restitution to the Republic as the honor is to serve.
VI.2.5a) Primary Caregivers with dependent children or adults are exempt.
VI.2.6 Whereas the Republic has renounced the right to tax, it cannot maintain the Militia as a Standing Military Force, and cannot maintain a Standing Constabulary therefore every Citizen Captain and Subject Citizen is empowered to take action to maintain the peace according to Law.
VI.2.6a) This part is not to be construed to imply that offences against persons or property committed in the Name of the Law shall go unpunished if unwarranted or unnecessary.
VI.2.6b) Citizen Captains who have taken steps to preserve the peace shall seek out and find Regional Representatives of the Republic or the Law Enforcement Authorities of the nearest Nation/State and defer to their authority with precedence over all other business.
VI.2.6c) In order to maintain the peace, Deadly Force may be used but only that force necessary to gain and maintain control of a situation is authorized or shall be used.
VI.2.7 All Citizen Captains and Subjects, first being citizens or subjects of foreign nations, are obliged to obey the laws of those nations particularly when in their jurisdiction: being a Citizen Captain, Subject Citizen or Subject of this Republic does not in any way remove that obligation.
VI.2.8 Citizen Captains, Subject Citizens and Subjects have the absolute right to poses private property.
VI.2.8a) In the case of marriages or partnerships, limited or otherwise, previously owned private property shall not be held in common unless by prior agreement.
SECTION 3 GENERAL PROVISIONS
VI.3.1 Fundamental human rights apply to all natural persons, domestic and foreign.
VI.3.2 Fundamental human rights apply to all legal persons, domestic and foreign where and to the extent that the nature of the right permits.
VI.3.2a) Whereas natural persons control legal persons, these natural persons shall not escape justice for offences committed by the legal persons under their control.
VI.3.3 By National Court Order, the right to vote and to be elected or appointed may by suspended if a Citizen Captain or Subject Citizen has not the requisite mental capacity for legal responsibility or has been charged, tried, convicted and sentenced to that punishment for offences under Law.
VI.3.4 Only Citizen Captains have the right to be elected to offices in the Republic.
VI.3.5 All Citizen Captains and Subject Citizens are equally eligible for appointed offices in the Republic according to their professional aptitude.
VI.3.6 No Citizen Captain, Subject Citizen or adult Subject may be discriminated against or privileged on the basis of age, creed, faith, gender, language, origin, parentage, race, sex, or prior state of nobility or immanence.
VI.3.7 As the ability to tax is the ability to destroy, the Republic forever renounces the right to levy taxes but shall charge fees for services provided and used by its Citizen Captains, Subject Citizens, Subjects and others.
VI.3.7a) Fees shall be three times the cost of the service provided and all funds collected shall be placed in the National Treasury.
SECTION 4 STATE MONOPOLIES
VI.4.1 None but the Republic may own or posses heavy weapons or ultra-hazardous materials.
VI.4.1a) Heavy Weapons are defined as automatic firearms, firearms being larger than 1 inch (25.4mm) in caliber, exploding projectiles or devices, incendiary bombs or devices, or anything otherwise defined as a Weapon of Mass Destruction.
VI.4.1b) Ultra-hazardous materials are defined as anything that is life threatening in se.
VI.4.2 None but the Republic may establish a Bank, or Treasury or regulate the value of money.
VI.4.2a) Money of the Republic is defined as 480 grains of .999 fine Silver in the form of Coins known as the Oceanic Citizens Republic Dollars.
VI.4.2b) Coins of the Republic may be represented by Oceanic Citizens Republic Dollar paper notes redeemable in coin on demand.
VI.4.2c) Fractional reserves are explicitly forbidden by this Constitution.
VI.4.3 None but the Republic may establish Courts of Law.
VI.4.3a The Practice of Law shall be at the pleasure of the Republic.
VI.4.3b Persons wishing to Practice Law for consideration on a case by case basis must first be granted permission by the Justice Ministry after thorough review of their credentials, pay an annual Application Processing Fee of $1,000,000.00 Oceanic Citizens Republic Dollars, and pay a fee of $100,000.00 Oceanic Citizens Republic Dollars per case.
VI.4.3c ‘Lawyers’, having accepted consideration for the Practice of Law, shall pay restitution to their client(s) and three times the cost of restitution in fines to the Republic and/or be punished by Death if loss of life has resulted from their negligent, incompetent or derelict failure to win their clients case.
VI.4.4 None but the Republic, through its Commander in Chief the President, may mobilize the Militia for War.
ARTICLE VII AMENDMENTS AND EXECUTIVE DECREES
EXECUTIVE DECREE NUMBER ONE
As of this date, 20 February 2007, His Excellency the President, John W, being the Chief Executive of the Republic, empowered with sole duty and responsibility for the management of the State, shall rule by Executive Decree until a Quorum has been attained. A Quorum shall not have been attained until there are at least ten thousand (10,000) Citizen Captains and/or Subject Citizens claiming residency in the Home Territory and in each of the five Territorial Surfaces.