Law:Constitution of the Year I

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The Constitution of the Principality of the Pillow Fortress

Her Majesty Julia Platz-Halter hereby abolishes the failed Autumn Constitution, and does establish this Constitution of the Year I, to serve as the framework of an improved and perpetual system of law, subject only to the State Charter, which shall guide the Principality through all challenges, defeat all foes, and provide for the defense, prosperity, and well being of its citizens now until the end of time.

Chapter I: State

I. The Principality of the Pillow Fortress is an independent, secular, constitutional monarchy, and no law, treaty, or royal decree may alter in any way its independent, secular, or monarchical character.

II. Regardless of any of its aspects, features, or qualities, the Principality of the Pillow Fortress is a sovereign state entitled to all rights and privileges afforded to any other sovereign state, including but not limited to the right to exist, the right to self determination, and the right to defend itself, its citizens, and its interests.

Chapter II: Legislature

I. The legislature of the Pillow Fortress shall be comprised of three advisory councils, collectively known as the Directory.

II. The first advisory council shall be the Council of Labor, tasked with proposing laws governing economic security and industry. It shall consist of trade guilds broadly organized by form and function within the economy. No guild may be abolished without both its approval and the assent of the Princess, and no guild may be established without both two-thirds approval of the Council of Labor and the assent of the Princess.

III. Guilds are established by the government, are a part of the government, and their conduct, form, and function may be modified by law.

IV. Guild membership is restricted to those citizens who work in professions that are determined by law to be within their guild’s sector of the economy, and no one may be a member of more than one guild concurrently, or be a representative of a guild if they themselves have been a member of that guild for less than two years.

V. Individual guilds hold one seat on the Council of Labor, regardless of how many members that guild may have. Representatives are bound to follow the will of their guild when acting in their official capacity, and any representative that does not do so may be recalled by their guild and replaced.

VI. Representatives shall be chosen by their guild members in regular elections, the form of which shall be determined by law.

VII. Guilds may set additional requirements for representatives, including the imposition of term limits, so long as any additional requirements, either individually or in aggregate, do not have the effect of discriminating based on race, ethnicity, origin, gender identity, sexual orientation, disability, religion, or any other protected class recognized by the Principality.

VIII. The second advisory council shall be the Council of State, tasked with proposing laws governing matters not delegated to the other advisory councils. Such matters include, but are not limited to, agricultural and food policy, civil rights, culture, defense, education, public health, housing and urban development, immigration and emigration, infrastructure and energy, justice, law enforcement, public services, scientific research, and sports.

IX. Membership in the Council of State shall be limited to those individuals nominated by the Libertine Party and subject to approval by the general population in elections held at regular intervals and in a manner determined by law.

X. The third advisory council shall be the Council of Territory, tasked with proposing laws governing the acquisition of territory, the changing of their borders and composition, the methods by which they are governed, their proper stewardship, and transportation networks within, between, and among them.

XI. All fully incorporated provinces of the Principality shall be represented on the Council of Territory by some number of seats to be determined by law. Other administrative divisions, including but not limited to colonies, protectorates, client states, and any additional territory of the Principality either annexed, occupied, or claimed, may be granted seats with the approval of the Council of Territory and the assent of the Princess.

XII. Provinces represented on the Council of Territory receive the same number of seats regardless of population size. Non-provincial territories which may have been granted representation on the Council of Territory receive the same number of seats as any other like territory so granted representation, but less than the number of seats afforded to the individual provinces.

XIII. Representatives with seats on the Council of Territory shall be members of the Libertine Party, and shall have lived no less than five years within the province or territory they are to represent, and shall have been chosen by the citizens of the same through elections held at regular intervals, the form of which shall be determined by law.

XIV. The Directory, both as a collective and as individual advisory councils, shall have the right to establish subordinate organizations and positions which may be deemed necessary for its efficient and effective operation.

XV. The advisory councils shall have the power to sanction and remove their members for conduct which harms, embarrasses, or disgraces the Directory, the Throne, the Princess, or the Principality and its citizens.

XVI. Should voting on legislation in any of the advisory councils be tied, the Princess shall cast the deciding vote.

XVII. The members of each council shall have the power to include with their legislation a deadline by which such legislation must be voted upon, so long as such a deadline provides adequate time for debate among members of the advisory council in which the legislation is proposed.

XVIII. The Council of State and the Council of Territory may set term limits for their respective members.

Chapter III: Executive

I. The Throne shall be the executive organ of the Principality, and the Princess shall be its head.

II. The Throne shall consist of, at minimum, multiple departments, where each department is tasked with overseeing, managing, administrating, and governing a broad, distinct, and interrelated set of aspects, sectors, fields, matters, and issues necessary for the functioning of the Principality and the well being of its citizens.

III. The head of each department shall be its secretary, and together all department secretaries shall constitute the cabinet. The cabinet may, as a collective body, be granted certain legal rights and responsibilities, either by this constitution or by law.

IV. The Directory shall recommend secretary appointments to the Princess, with each advisory council providing specific recommendations for those departments whose areas of responsibility most overlap those of the recommending advisory council.

V. In addition to secretaries, the Directory shall also appoint deputy secretaries, undersecretaries, deputy undersecretaries, and inspectors general to the various departments as necessary for their function and to provide adequate legislative oversight.

VI. The power to recommend appointments shall not extend to any other Throne position, unless otherwise granted by this constitution.

VII. The Directory may establish and abolish departments within the Throne only with the assent of the Princess. Any proposal to establish a new department must include which advisory council is to make the subsequent recommendations for the corresponding cabinet appointment.

VIII. The Princess may refuse cabinet recommendations. If she does, she must present a letter explaining any and all reasons for her refusal to that advisory council which made the recommendation. Included in the letter must be some acceptable criteria for a recommendation that, if met, the Princess would not refuse. Such criteria may not include any points which, either individually or in aggregate, have the effect of discriminating based on race, ethnicity, origin, gender identity, sexual orientation, disability, religion, or any other protected class recognized by the Principality.

IX. Should an emergency render the Directory incapable of making recommendations for cabinet appointments, the Princess shall, to maintain a stable and functioning government, make temporary cabinet appointments based on her own judgment until such time as the Directory is once again capable of making such recommendations.

X. The Princess may temporarily appoint herself to any vacant government office or position should there be no qualified individuals capable of assuming such office or position.

XI. The Princess shall have the right to establish subordinate, non-cabinet organizations and positions within the Throne for her personal advisement, care, enlightenment, entertainment, protection, or any other task she may deem necessary for the efficient and effective operation of the Throne.

Chapter IV: Monarchy

I. The Princess is at once the head of state, the head of government, and commander-in-chief of the armed forces.

II. As head of state and government, the Princess is the supreme leader of the Principality, and has a duty to it and to its citizens to govern wisely, and to fulfill the promises laid out in Articles IV and V of the State Charter.

III. As commander-in-chief of the armed forces, the Princess has total and ultimate control over military operations. Though she be a civilian, all officers and enlisted personnel shall be honor and oath bound to follow her orders, and the orders of those civilians she may legally empower to conduct military affairs on her behalf.

IV. The Princess must identify as female, be nineteen years of age or older, be of sound mind and body, be a citizen of the Principality, renounce any and all titles of nobility she may have been granted by foreign states prior to her assuming the throne, resign any position of power or prestige within any foreign governments she may hold, and be the legally designated heir to the throne as per the order of succession.

V. The Princess assumes the throne immediately upon meeting all of the necessary criteria, regardless of any formal coronation or enthronement ceremonies which may be established by law.

VI. In addition to any other power or prerogative laid out in either the State Charter, or this constitution, or determined by law or custom, the Princess shall have the exclusive powers to grant titles of nobility, to engage in diplomatic relations with foreign states and organizations, to dismiss the Directory, either collectively or as individual advisory councils, and call new elections, to collect taxes, and to issue letters of marque and reprisal.

VII. The Princess may empower individuals and organizations within the Throne to exercise her powers in her name and on her behalf. Such empowered individuals and organizations may only exercise their power in a manner determined by law, and may have their power revoked by the Princess at her discretion.

VIII. The Princess shall be unfit to rule and subject to removal from power if she has committed an overt and explicit act that any reasonable observer would conclude is likely to result in the imminent destruction of the Principality, or she has become permanently incapacitated, or she has voluntarily and without undue influence chosen to abdicate, or she has been found to have assumed the throne fraudulently or under false pretenses, or she no longer has all the qualities of a Princess as laid out in either this constitution or the State Charter, or she has failed to fulfill her promises as per Articles IV and V of the State Charter.

IX. In the event that the Directory unanimously alleges that the Princess has become unfit to rule, the Xeer shall convene an open and public trial wherein any and all evidence shall be presented, witnesses shall be questioned, and the Princess shall be given the opportunity to defend herself.

X. The Princess may refuse to defend herself against allegations that she is unfit to rule. In such an instance, she shall be removed from power without trial, but rather with simple confirmation of her decision by the Xeer.

XI. Regardless of any provisions laid out in this constitution for removing a Princess from power, First Princess Julia Platz-Halter may not be removed from power for any reason, except in the case of voluntary abdication, permanent incapacitation, or death.

Chapter V: Succession

I. As soon as the Princess has died, abdicated, become permanently incapacitated, or otherwise been removed from power, the new Princess shall assume the throne in accordance with the line of succession.

II. The line of succession shall take the form of matrilineal primogeniture, with Julia Platz-Halter serving as the origin point for determining the eligibility of any prospective heir.

III. An individual may be removed from the line of succession either by decree of First Princess Julia Platz-Halter, or by unanimous decision of the Directory plus the approval of the reigning Princess.

IV. An individual may not be removed from the line of succession if they are the immediate heir to the reigning Princess, nor may individuals be removed from the line of succession at a rate faster than one every three months.

Chapter VI: Regency

I. Should the Princess abdicate, become permanently incapacitated, be removed from power, or die when her heir is below the age of nineteen, a regency shall be established until such time as the heir has come of age and can assume the throne.

II. Should the Princess become temporarily incapacitated, a regency shall be established until such time as she is capable of exercising her powers again.

III. Upon the establishment of a regency, the cabinet will select one from among its members to act as Regent, subject to approval by the Directory. Regents serve terms of no more than two years, and no individual shall be Regent for more than two consecutive terms or for a total of five terms. Should the need of the regency outlast a Regent’s term limit, the cabinet will select from among its members a different member to act as Regent, and so on until such time as the regency ends.

IV. A regency ends immediately upon a Princess assuming the throne, with the current Regent assuming their pre-regency position within the cabinet.

V. A Regent may be removed from power by majority decision of the Directory.

VI. A Regent has all the powers of the Princess as may be necessary to lead the government in her absence, excluding the power to grant honors and noble titles, and the power to abdicate on behalf of the Princess.

VII. In times of regency, no law, royal decree, constitutional amendment, treaty, or any other legal instrument may in any way abrogate, abolish, change, or diminish any power of the Princess, or modify the line of succession, nor may any amendments be made to this constitution which in anyway abrogates, abolishes, changes, or diminishes this article.

Chapter VII: Libertine Party

I. The Libertine Party, as established by First Princess Julia Platz-Halter, is the only political party recognized as legitimate by the Principality, and all Throne appointments, members of the Council of State and the Council of Territory, and high level civil servants with policy making powers must be members. The Princess automatically becomes a member of the Libertine Party when she assumes the throne if she was not already a member.

II. The Libertine Party will maintain its privileged position so long as the Princess is its leader, holding real and substantive authority within the party, and so long as it serves her in fulfilling the promises laid out in Articles IV and V of the State Charter.

III. In the event that the Libertine Party becomes hostile, overtly or covertly, to the Princess or the Principality, it shall be disbanded, its members removed from positions within the government, and barred from the civil service. A new political party with the Princess as its leader shall be formed which may better serve the Princess and the Principality.

IV. Active duty officers and enlisted personnel of the armed forces are barred from membership in the Libertine Party, excepting those who were subjects of conscription. Retired armed forces personnel may join no less than six years after their retirement.

V. The Libertine Party is independent of the government, and as such it shall manage its internal affairs as directed by the Princess, subject neither to Directory appointments nor Throne oversight, but to any constitutions, bylaws, and customs which it may have itself established, and to any laws of the Principality which may regulate the conduct of private organizations, clubs, and associations.

VI. The Libertine Party may set any criteria, rules, and standards for membership as it deems fit, so long as any such criteria, rules, and standards do not, either individually or in aggregate, have the effect of discriminating based on race, ethnicity, origin, gender identity, sexual orientation, disability, religion, or any other protected class recognized by the Principality.

Chapter VIII: Citizens

I. All individuals who were born within the territory of the Principality, or have resided within the territory of the Principality for no fewer than ten consecutive years, or have at least one parent who is a citizen of the Principality at time of birth, or became citizens through means set out by law, or were granted citizenship by the Princess, are citizens of the Principality.

II. Non-citizens in the custody of the Principality, be they captured in battle, conflict, war, or held as amends for a crime of which they have been duly convicted, do not become citizens upon residing within the territory of the Principality for no fewer than ten consecutive years, nor do individuals who were once citizens but previously renounced their citizenship.

III. There is only one class of citizenship, and all citizens are equal in their rights, freedoms, and obligations regardless of the method by which they obtained citizenship.

IV. As per Articles VI, VII, and VIII of the State Charter, citizenship is contingent on acceptance of the social contract. As part of this social contract, from time to time, and only in such manner as determined by law, the government may conscript citizens to work in furtherance of the Principality’s stability, security, and defense. Renunciation of citizenship frees the individual from this obligation under the social contract, but may result in the loss of any benefits, rights, freedoms, or protections afforded citizens of the Principality.

V. Citizens conscripted into the armed forces may not renounce their citizenship until after their term of service in the armed forces has ended, nor may any citizen renounce their citizenship in an attempt to escape any criminal or civil proceeding which may have been brought against them by the Principality or its citizens.

VI. Citizens may only be conscripted to work for finite periods of time, and must receive just compensation for such work as determined by the Council of Labor.

VII. All citizens are equal under the law regardless of race, ethnicity, origin, gender identity, sexual orientation, disability, religion, or any other protected class the Principality may recognize by law.

VIII. All citizens have the right of free association, freedom of bodily autonomy, freedom of assembly, freedom of expression, freedom to petition the government for a redress of grievances, morphological freedom, and freedom of movement within the territory of the Principality.

IX. All citizens shall be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, and no warrants shall be issued except with probable cause supported by oath and particularly describing the place to be searched, and the persons or things to be seized.

X. All citizens shall have the right to a speedy and public trial by an impartial panel of judges, and be informed of the nature and cause of the accusation, and to be confronted with the witnesses against them, and to have compulsory process for obtaining witnesses in their favor, and to have the assistance of counsel for their defense.

XI. No citizen shall be compelled in any criminal case to be a witness against themselves, or be deprived of liberty, or property, without due process of law, neither shall personal possession be taken for public use without just compensation, nor shall any citizen be subject for the same offense to be twice put in jeopardy of life or limb.

XII. All citizens shall be free of the threat or use of excessive bail, excessive fines, cruel and unusual punishment, and execution.

XIII. All citizens aged eighteen and older shall have the right to marry.

XIV. All citizens shall have the right to change their name, and to change their gender.

XV. All citizens shall have the right to birth control up to and including abortion at any stage of pregnancy, and all citizens so afflicted by diseases of which there are no medically viable treatments shall have the right to take their own life with dignity.

XVI. All citizens shall have the right to be free from slavery.

XVII. Citizens have the rights and freedoms laid out in the State Charter and this constitution only in their capacity as individuals. No organization, regardless of its form, function, age, size, membership, or any other distinguishing features, shall have the rights and freedoms granted to citizens, but only those rights and freedoms granted by law, and only if those rights and freedoms do not result in the gross and unacceptable infringement on the rights and freedoms of individual citizens.

Chapter IX: Law

I. Any and all laws proposed by the Directory require the assent of the Princess to enter into force.

II. The Princess may withhold her assent to any law, either in whole or in part.

III. The Directory shall propose no ex post facto law, neither shall the Directory propose any bill of attainder, or any other law that conflicts with or contradicts the State Charter or this constitution.

IV. Regulations and policies set by the various Throne departments and their subordinate organizations shall have the force of law so long as they are set in accordance with existing law and do not otherwise conflict with or contradict the State Charter, this constitution, or laws previously proposed by the Directory and given assent by the Princess.

V. Regulations and policies set by the various Throne departments and their subordinate organizations are subject to oversight from the advisory council which recommends their secretary, and from the Princess.

VI. The Princess may issue royal decrees which shall have the force of law so long as they do not conflict with or contradict the State Charter or this constitution. Royal decrees have all the same powers and restrictions as laws proposed by the Directory.

VII. The Directory may cancel a royal decree by unanimous decision.

VIII. Laws proposed by the Directory, and royal decrees issued by the Princess, shall automatically come with the mechanisms required to fully fund any and all of their provisions, regardless of whether or not such mechanisms are explicitly included within the text of the proposed law or royal decree.

IX. Any law, act of the Directory, royal decree, regulation, or constituent statute thereof, if found by the Xeer to be in violation of either this constitution, the State Charter, or both, must be immediately removed from any digest, book, or system of laws in which it had been previously codified.

Chapter X: Judiciary

I. Judicial power shall be exercised according to the principles of restorative justice, with retributive justice reserved for the crime of treason and those offenses which are so vast, heinous, damaging, or antithetical to the values of the Principality that restorative practices would be unable to adequately address their consequences.

II. Judicial power shall be vested in the Xeer, which is the supreme court, and in such inferior courts as may be established by law, and shall extend to all cases, in law and equity, arising under the State Charter, this constitution, the laws of the Pillow Fortress, and all treaties to which the Pillow Fortress is a party.

III. The Xeer shall consist of an odd number of judges no less than five and no more than fifteen, and who each may serve no more than one twenty year term.

IV. The Xeer shall have the power of judicial review.

V. Judges of the Xeer and the various inferior courts which may be established by law shall be nominated by the Princess and subject to confirmation by the Directory.

VI. The Directory may, by majority decision, hold a referendum to recall one or more judges of the Xeer and any inferior courts established by law. Such referendum must be open to all citizens aged eighteen and older, and should a two-thirds majority vote in the affirmative, any and all judges who were subject to the referendum shall be recalled, and the Princess shall nominate a replacement at the earliest convenience.

VII. Both the Directory and the Princess shall have the right to establish within the Xeer subordinate organizations and positions which may be deemed necessary for the Xeer’s efficient and effective operation.

Chapter XI: Civil Service

I. All civilian employees of the government, including the Directory, the Throne, the Xeer and any and all inferior courts, but excluding the Princess and members of the royal family, constitute the civil service.

II. Participation in the civil service is open to all citizens regardless of race, ethnicity, origin, gender identity, sexual orientation, disability, religion, or any other protected class the Principality may recognize by law.

III. Those individuals who hold ideological beliefs that are antithetical to the values of the Principality, and which may, if acted upon, result in the abrogation of the rights and freedoms granted to citizens of the Principality, are barred from participation in the civil service, regardless of how dearly such beliefs are held, or if such beliefs are held within a religious framework.

IV. The mandatory retirement age for the civil service shall be no greater than seventy, excepting cabinet appointments, who shall have a mandatory retirement age no greater than seventy-four.

Chapter XII: Armed Forces

I. The Princess has the power to create armed forces for the purpose of defending the Principality against all threats, including but not limited to threats against its citizens, sovereignty, territory, power, position, and prestige.

II. The armed forces shall be subject to civilian command and oversight through a cabinet department within the Throne.

III. The armed forces shall not participate in civilian law enforcement operations within the territory of the Principality, except in such times as an emergency makes participation necessary, and then only for a limited time to be set upon the initiation of any civilian law enforcement operation.

IV. Formal declarations of war are outmoded and obsolete, and are therefore not required in advance of the Princess ordering military action in defense of the Principality.

Chapter XIII: Welfare

I. As per Article IV Section iii of the State Charter, the Principality must provide for the welfare of its citizens.

II. Welfare provisions must include, at minimum, robust and efficient networks of public transportation, a system of single-payer healthcare, access to a stable and network neutral internet, access to education from elementary school through university, waste and garbage removal, fire fighting, access to electrical utilities and clean water, a functioning postal service, the distribution of quality food in abundance, income assistance to the retired or those unable to work, and access to safe and livable shelters.

III. The above list of welfare provisions is not exhaustive, and the Principality may institute additional forms of welfare determined to be necessary for its stability and the dignified lives of its citizens.

IV. Any welfare provisions which take the form of cash payments may be halted in the event that the Principality becomes an otherwise moneyless state.

V. The Principality may suspend welfare, either in whole or in part, during such times as it is physically or financially impossible to provide the suspended welfare services to its citizens.

Chapter XIV: Territory

I. The Pillow Fortress has an absolute and inviolate right to acquire territory for itself anywhere, at any time, for any reason, by any means.

II. The territory of the Principality may be divided into first level administrative divisions, which may themselves be divided into second level administrative subdivisions, which may themselves be divided into third level administrative subdivisions, and so on, as determined by law or necessity.

III. No territory of the Principality, regardless of its form, may secede, and individuals acting on behalf of any secessionist movement by providing material, moral, or operational support, or by engaging in armed conflict against the Principality, are guilty of treason against the Princess.

IV. The incorporation of territory into the Principality shall be the responsibility of the Throne, subject to non-binding advice and consultation of the Council of Territory.

V. All territory of the Principality, excluding that of client states, is owned exclusively by the Principality, and may be leased to citizens and domestic non-governmental organizations for fixed, finite periods no longer than the average human lifespan as measured at time of lease, but never sold or gifted.

Chapter XV: Amendment Process

I. The Princess may, with majority approval of the Directory, convene a constitutional convention wherein proposals may be made to amend this constitution either in whole or in part. Should any proposal firstly receive approval by two-thirds of the Directory, secondly be given assent by the Princess, and lastly receive two-thirds approval in a referendum open to all citizens aged eighteen or older, this constitution shall be amended.

II. The constitutional convention shall last for no more than four months, and may not be convened within two years of a previous constitutional convention concluding.

III. Participants in the constitutional convention shall include the Directory, the Princess, the Xeer, representatives of the Libertine Party as chosen by the same, and those individual citizens who may be granted participant status by law.

IV. All citizens aged eighteen and older shall have the right to submit amendment proposals to the constitutional convention.

V. No amendment to this constitution may conflict with or contradict the State Charter.

VI. Any and all future amendments are to be placed within the body of this constitution in a manner included within the amendment proposal.

VII. Any and all future amendments shall include the amendment of Article CDXLIII of Chapter XIV of this constitution, making note of how many times this constitution has been amended and on which date was the most recent.

VIII. First Princes Julia Platz-Halter may amend this constitution at will so long as she’s the only citizen of the Principality, or the Council of State and the Council of Territory have no representatives.

CDXLIII. The Constitution of the Year I has been amended five times, most recently on 8 Lunidor, 4.