State Constitution · current text
Constitution Of The State Of Arvane
A Free and Self-Governing State of the Federated Republic
Free Port — Open for Business
Contents
We, the people of Arvane, who settled this western shore to trade freely and live independently, establish this Constitution to secure the blessings of liberty and commerce for ourselves and our posterity.
We hold that the best government is that which governs least; that free people engaged in voluntary exchange create more prosperity than any plan devised by the state; and that the proper role of government is to protect rights, enforce contracts, and otherwise leave its citizens alone. We did not come to this coast to be managed, directed, or improved by our government. We came to be free.
We therefore ordain a government of strictly limited powers: a legislature that meets only when necessary, an executive of divided and modest authority, and courts that resolve disputes swiftly and predictably. We prohibit the taxes that elsewhere fund expansive states, and we require that any new burden on the people be justified by more than good intentions.
We do so as a State of the Federated Republic, bound by its Constitution in all matters committed to it. What the Republic requires, we honor. What it guarantees, we do not diminish. But where the Republic permits the States to choose their own course, Arvane chooses liberty.
This Constitution belongs to the people of Arvane. It is adopted, and may be amended, only by them.
DECLARATION OF RIGHTS
Supremacy and Greater Protection
The Constitution of the Federated Republic establishes the minimum protections applicable in Arvane. Nothing in this Constitution may diminish or limit a right guaranteed by the Republic. Arvane may provide greater protection for individual liberty, and where it does, the greater protection governs within this State to the extent consistent with the Constitution of the Federated Republic.
Natural Rights
All persons are by nature free and have certain inherent rights, of which they cannot be deprived: the enjoyment of life and liberty; the acquisition, possession, and protection of property; and the pursuit of happiness and safety. Government is instituted to protect these rights, not to grant them.
Presumption of Liberty
In any dispute between government and a person concerning the scope of individual freedom, the presumption runs in favor of liberty. Government bears the burden of demonstrating that a restriction serves a compelling public purpose or protects the rights of others and employs the least restrictive reasonably available means.
Equality Before the Law
No law of this State, and no act of any State or local officer, may discriminate against any person on the basis of race, ethnicity, sex, sexual orientation, gender identity, religion, national origin, disability, or age, consistent with §1.6 of the Constitution of the Federated Republic. The law shall treat all persons equally and shall not create privileged classes or impose special burdens on disfavored groups.
Freedom of Expression and Conscience
Every person may freely speak, write, publish, and peaceably assemble. Freedom of conscience is inviolate; no person may be compelled to profess any belief or to support any religious institution. No State or local government may discriminate on the basis of viewpoint, belief, or lawful expression. Any otherwise lawful restriction affecting these freedoms is subject to §1.3.
Right to Keep and Bear Arms
Every person holds the right to keep and bear arms for lawful purposes, including self-defense, consistent with §1.10 of the Constitution of the Federated Republic. The State may establish lawful safety frameworks consistent with this Constitution, provided that lawful ownership remains readily available.
Property Rights
Private property is inviolable. No property shall be taken for public use without just compensation, promptly paid. A regulation that deprives an owner of all economically beneficial use of property constitutes a taking requiring compensation. The right to acquire, use, enjoy, and dispose of property is fundamental and shall be construed liberally.
Freedom of Contract
Every person has the right to enter into lawful contracts and to have those contracts enforced. The State shall not impair the obligation of contracts. Parties are presumed to understand and accept the terms to which they agree. Government may interfere with a contract only under generally applicable law addressing fraud, duress, coercion, incapacity, illegality, or comparable abuse, and any such interference remains subject to §1.3.
Freedom of Commerce
Every person has the right to engage in any lawful business, trade, occupation, or profession. Licensing or prior governmental permission may be required only where reasonably necessary to protect rights, health, safety, prevent fraud, or address comparable substantial public harm, and only through the least burdensome reasonably available means. Neutral registration, disclosure, or tax-filing requirements are not by themselves licensing, but remain subject to this Constitution. The State shall not create monopolies or grant exclusive privileges to favored enterprises.
Security from Unreasonable Search
The right of the people to be secure in their persons, houses, papers, effects, communications, and data against unreasonable searches and seizures shall not be violated. No warrant shall issue but upon probable cause, particularly describing the place to be searched and the persons or things to be seized.
Due Process
No person shall be deprived of life, liberty, or property without due process of law. Every person accused of a crime is entitled to a speedy and public trial, to be informed of the charges, to confront witnesses, to compulsory process for obtaining witnesses, and to the assistance of counsel.
Freedom from Excessive Punishment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.
Rights Retained by the People
The enumeration of certain rights in this Constitution shall not be construed to deny or disparage others retained by the people. Powers not delegated to the State by this Constitution are reserved to the people.
Social State Floor
The people of Arvane are entitled to access the social state systems of the Federated Republic as guaranteed by Article XII of the Republic's Constitution. Arvane honors that floor. This Constitution creates no additional State constitutional entitlement to social services beyond what the Republic requires; the people of Arvane prefer voluntary exchange and private charity where government provision is not constitutionally required.
THE LEGISLATURE
Legislative Power
The legislative power of the State of Arvane is vested in a Legislature consisting of a single chamber, the Assembly.
Composition and Apportionment
(a) Each county is entitled to at least two members of the Assembly. Additional seats shall be apportioned among the counties by population according to a neutral method established by law.
(b) The Assembly shall ordinarily consist of not fewer than thirty nor more than sixty members. The guarantee of county representation controls where the number of counties requires a larger Assembly.
(c) Within each county, districts shall be geographically contiguous and, to the greatest extent consistent with guaranteed county representation, substantially equal in population and reasonably compact. Law may permit a county delegation to be elected at large where subdivision into districts would be impracticable.
(d) Districts and apportionment shall comply with equality before the law, shall not intentionally dilute minority voting power, and shall not use party affiliation, voting history, incumbent residence, or similar partisan information as a primary criterion.
(e) Reapportionment follows each federal census and takes effect prospectively at the next general Assembly election. Sitting members complete the terms for which they were elected.
(f) The independent Elections Commission established by Article VI shall adopt each reapportionment and district map by three-fifths of its full membership. The Commission shall publish the map, underlying data, methodology, and written explanation to the Arvane State Record.
(g) A person with standing may obtain expedited judicial review of a map. If a map is held unlawful, the Commission shall have a prompt opportunity to cure it. If the Commission fails to adopt a lawful map in time for orderly election administration, the Supreme Court shall appoint an independent special master or temporary panel to prepare a compliant map. The Court shall review legality but shall not itself draw districts. Any temporary body dissolves upon completion of its task. Election remedies shall preserve lawful election continuity to the greatest extent possible without indefinite use of an unlawful map.
Elections, Terms, and Vacancies
(a) Members serve two-year terms and are elected in even-numbered years.
(b) To be eligible, a person must be a qualified elector of Arvane, at least twenty-one years of age, and a resident of the district for at least one year before election.
(c) No member may serve more than six consecutive terms. After sitting out one full Assembly term, the person is again eligible for election.
(d) A vacancy shall be filled by special election as provided by law. No executive or legislative officer may appoint a person to an elected Assembly seat.
Biennial Sessions
(a) The Legislature meets in regular session once every two years, convening on the first Monday of February in each odd-numbered year.
(b) A regular session shall not exceed ninety calendar days. The Assembly may extend a regular session once, by majority vote of its full authorized membership, for not more than thirty additional days.
(c) Upon expiration of the session, the Legislature adjourns by operation of law and pending business lapses.
Special Sessions
(a) The Governor may convene the Legislature in special session by proclamation stating the specific purposes for which it is called. Business in the special session is limited to those purposes.
(b) The Assembly may convene itself in special session upon written petition of two-thirds of its full authorized membership.
(c) An independently elected full-time constitutional officer may issue a formal request for a special session concerning a matter within that officer's constitutional responsibility that cannot reasonably be resolved under existing law. The request shall be transmitted simultaneously to the Governor and Speaker and published to the Arvane State Record. After such a request, an absolute majority of the full authorized membership may convene a special session limited to the stated matter.
(d) A formal request does not itself convene the Legislature or compel the Governor to do so.
(e) No special session shall exceed twenty calendar days.
Speaker, Quorum, and Procedure
(a) The Assembly elects a Speaker from among its members. The Speaker presides over the Assembly and supervises its legislative business.
(b) A majority of the full authorized membership constitutes a quorum.
(c) Except where this Constitution specifies a membership-based threshold, an ordinary question is decided by a majority of votes cast while a quorum is present.
(d) The Lieutenant Governor is not a member or presiding officer of the Assembly, but may cast the deciding vote when the votes cast by Assembly members are equally divided on an ordinary question. The Lieutenant Governor may not supply a vote required to satisfy an absolute-majority, three-fifths, two-thirds, or other threshold measured against Assembly membership.
(e) The Assembly determines its own rules of procedure.
(f) The Assembly may expel a member by two-thirds of its full authorized membership.
Legislative Process
(a) Every bill must address a single subject expressed in its title.
(b) No bill may receive final passage until its full text has been available to members and the public for at least three days. A substantial amendment resets the period.
(c) A bill passes by majority of votes cast while a quorum is present unless this Constitution requires a higher threshold.
(d) Every enacted law shall be published to the Arvane State Record.
Compensation
(a) Members serve as citizen legislators and receive per diem compensation only for days in session, together with reasonable reimbursement for travel and expenses as provided by law.
(b) No increase in legislative compensation takes effect until after the next general Assembly election.
Limitations on Legislative Power
The Legislature may not:
(a) enact a law that conflicts with the Constitution of the Federated Republic;
(b) levy an income tax, as prohibited by Article VII;
(c) levy a new tax or increase an existing tax except by two-thirds of the full authorized membership;
(d) grant monopolies or exclusive privileges;
(e) pass a bill of attainder or ex post facto law; or
(f) impair the obligation of contracts contrary to Article I.
Effective Dates
(a) Except as provided in this section, a law takes effect on January 1 following enactment unless a later date is specified.
(b) An appropriation necessary for the current operation of government may take effect at an earlier date stated in the law.
(c) By two-thirds of its full authorized membership, the Assembly may find an immediate public necessity and specify an earlier effective date. The finding shall be stated in the law and published to the Arvane State Record.
THE EXECUTIVE
Executive Power
Executive power is vested in the Governor and the other elected constitutional officers of the State, each within the powers and duties assigned by this Constitution and law. No elected constitutional officer is subordinate to the Governor in the exercise of authority assigned independently to that office.
Governor — Election and Term
(a) The Governor is elected statewide for a term of four years.
(b) No person may serve more than two consecutive terms as Governor. After sitting out one full gubernatorial term, the person is again eligible.
(c) To be eligible, a person must be a citizen of the Federated Republic, a resident of Arvane for at least five years, and at least thirty years of age.
Governor — Powers and Duties
The Governor shall:
(a) ensure faithful execution of the laws within the Governor's administrative authority;
(b) convene the Legislature in special session as provided in Article II;
(c) grant reprieves, commutations, and pardons for offenses against the State, subject to the prohibition on self-clemency; a pardon may not reverse a constitutional removal from office;
(d) coordinate and direct State emergency response and State law-enforcement operations as provided by law during a declared emergency, without exercising powers constitutionally assigned to another elected officer;
(e) represent Arvane in relations with other States and the federal government; and
(f) report to the Assembly at the opening of each regular session on the condition of the State.
The Governor's Relation to Legislation
(a) Every bill passed by the Assembly shall be presented to the Governor.
(b) Within ten days of presentment, the Governor may sign the bill or return it with written objections. The objections shall be published to the Arvane State Record.
(c) A returned bill becomes law if repassed by the vote otherwise required for its passage. The Governor's veto is advisory, not absolute.
(d) If the Governor neither signs nor returns a bill within ten days, it becomes law without signature.
(e) The Governor may not exercise a line-item veto.
Lieutenant Governor
(a) The Lieutenant Governor is elected jointly with the Governor on the same ticket, for the same term, and is subject to the same consecutive-term limitation.
(b) The Lieutenant Governor is a part-time constitutional officer. The office is principally civic and intergovernmental and shall coordinate communication and voluntary cooperation between the State and its counties as provided by law. The Lieutenant Governor has no authority to command a county except as expressly provided by this Constitution or valid law.
(c) The Lieutenant Governor may perform ceremonial and representative duties assigned by law or delegated by the Governor.
(d) The Lieutenant Governor has the limited legislative tie-breaking authority provided by §2.6(d).
Gubernatorial Succession and Incapacity
(a) Upon the death, resignation, removal, or permanent incapacity of the Governor, the Lieutenant Governor becomes Governor for the remainder of the term.
(b) During a temporary incapacity of the Governor, the Lieutenant Governor serves as Acting Governor. The Governor may declare a temporary incapacity voluntarily. A disputed incapacity shall be determined judicially under a procedure established by law.
(c) If both the Governor and Lieutenant Governor are temporarily unable to serve, the Speaker serves as Acting Governor until the disability of either executive is removed.
(d) If the offices of Governor and Lieutenant Governor are both permanently vacant, the Speaker serves as Acting Governor only until a Governor is chosen at a prompt special election as provided by law.
(e) The Legislature shall provide by law for further succession, preferring independently elected executive officers before cross-branch successors where practicable.
Other Elected Constitutional Officers
(a) The Attorney General, Secretary of Elections, State Treasurer, and State Controller are independently elected statewide constitutional officers.
(b) Each serves a four-year term. No person may serve more than two consecutive terms in the same office; after sitting out one full term, the person is again eligible.
(c) Elections for independently elected executive offices shall be staggered as provided by law so that no single general election fills all such offices at once.
(d) The Attorney General is the chief legal officer of Arvane, exercises independent legal judgment, represents the State as provided by law, and performs such additional lawful duties as are consistent with the independence of the office.
(e) The Secretary of Elections administers State elections and performs the duties assigned by Article VI.
(f) The State Treasurer administers the State Treasury, has custody of public funds, and performs the fiscal reporting duties assigned by Article VII.
(g) The State Controller independently audits State accounts and expenditures, certifies constitutional fiscal calculations and compliance, and performs the duties assigned by Article VII.
Vacancies in Independently Elected Offices
(a) A vacancy in an independently elected constitutional office other than Governor or Lieutenant Governor shall be filled by election as provided by law.
(b) Until a successor qualifies, a qualified career officer or employee of that office shall act according to an objective statutory order of succession. If no statutory order exists, the qualified person with the longest continuous service in that office shall act.
(c) The Governor may not fill by appointment a vacancy in an independently elected constitutional office.
One Branch at a Time
No person may simultaneously exercise the powers of more than one branch of State government. A person temporarily serving in an office of another branch retains the underlying office but may not exercise its powers or duties during the cross-branch service. Such suspension does not create a vacancy.
Executive Departments and Independent Bodies
(a) The Governor's administrative branch shall contain not more than twelve principal departments, as provided by law.
(b) Department heads within the Governor's administration are appointed by the Governor and serve at the Governor's pleasure.
(c) No agency, board, or commission may be created except by law. Except for constitutionally independent bodies and entities assigned to another constitutional officer, each such body shall be organized within a principal department.
State Immigration Sponsorship
(a) Arvane shall administer the State sponsorship stage of the immigration system established by the Constitution of the Federated Republic. State sponsorship is an exercise of State discretion and does not itself confer legal residency.
(b) The Legislature shall establish by law public, objective, and nondiscriminatory sponsorship criteria and a simple administrative process consistent with this Constitution. Administration shall be assigned to a department or agency within the Governor's administrative branch. No separate constitutional office or independent commission is required.
(c) Sponsorship criteria and decisions shall comply with federal equality requirements and the federal prohibitions on ideological screening and nationality-based quotas. A denial shall state the precise legal ground in writing.
(d) State courts may review sponsorship decisions for constitutional or procedural illegality, but shall not substitute their policy judgment for lawful State discretion.
(e) Federal certification, removal, deportation, and asylum remain within federal authority as provided by the Constitution of the Federated Republic.
(f) Private employment, housing, charity, sponsorship assistance, or other voluntary activity does not itself constitute State sponsorship. Emergency humanitarian assistance by the State or its subdivisions likewise does not itself confer sponsorship or legal residency.
Removal by the People
(a) An elected constitutional executive officer may be referred to the people for removal by an absolute majority of the full authorized membership of the Assembly.
(b) The referral shall state the charges with particularity. The officer shall receive notice and a reasonable opportunity to publish a response. The charges, response, and Assembly vote shall be published to the Arvane State Record.
(c) The referral itself does not suspend the officer. Removal occurs only if a majority of electors voting statewide on the question approve removal.
(d) Civil or criminal liability is separate from removal under this section.
THE JUDICIARY
Judicial Power and Equality of the Branch
(a) Judicial power is vested in a Supreme Court and such inferior courts as are established by this Constitution or by law, subject to the Constitution of the Federated Republic.
(b) The judiciary is an equal and independent branch of State government. The Legislature may establish, organize, alter, or abolish inferior courts by general law, but may not use that authority to punish a particular judge, control a particular case, or evade judicial independence.
Supreme Court
(a) The Supreme Court consists of five justices.
(b) A justice serves a ten-year term and may be reappointed.
(c) The justice with the longest continuous service serves as Chief Justice. If two or more justices have equal continuous service, the oldest serves as Chief Justice.
(d) The Supreme Court has appellate jurisdiction over all courts of the State and original jurisdiction as provided by law.
Supreme Court Selection and Continuity
(a) The Governor shall nominate a qualified person for each Supreme Court vacancy within ninety days after the vacancy occurs. A nominee takes office upon approval by a majority of electors voting statewide on the question at the next statewide election, or at a special statewide election as provided by law.
(b) Upon a vacancy, or when a seat otherwise lacks a qualified justice, the qualified judge of the highest inferior court designated by law with the longest continuous judicial service automatically serves as Acting Justice until a permanent justice qualifies. If no highest inferior court has been designated by law, the qualified inferior-court judge in the State with the longest continuous judicial service serves. Equal continuous service is resolved by age, with the older judge serving. If more than one Acting Justice is required, the same order applies successively.
(c) An Acting Justice retains the underlying judicial office, but exercise of its powers and duties is suspended during service on the Supreme Court.
(d) Law shall provide a limited holdover period for a justice whose term expires solely to avoid interruption before a successor or reappointed justice qualifies. An express rejection by the electorate of the justice's reappointment ends any holdover immediately and activates the Acting Justice mechanism.
Inferior Courts
(a) District Courts are courts of general jurisdiction. The Legislature shall organize judicial districts by law and may establish additional inferior or specialized courts.
(b) The Legislature shall establish by general law the qualifications and method of selecting judges of inferior courts in a manner consistent with judicial independence and the equality of the judicial branch.
(c) Judges of inferior courts serve fixed six-year terms and may be reappointed, unless this Constitution expressly provides otherwise.
(d) Temporary assignments, ordinary inferior-court vacancy procedures, and administrative organization shall be provided by law consistent with this Article.
Commercial Court
(a) The Legislature shall maintain a Commercial Court with specialized jurisdiction over business disputes, contract enforcement, and commercial matters.
(b) Commercial proceedings shall be resolved as promptly as practicable and, absent extraordinary circumstances stated on the record, within one hundred eighty days as calculated by law. Failure to meet the period does not extinguish jurisdiction or invalidate the proceeding.
(c) The Commercial Court may, with consent of the parties, refer matters to binding arbitration.
(d) Commercial Court judges are inferior-court judges for purposes of selection, tenure, independence, and discipline under this Article.
Judicial Independence
(a) No public officer may direct, threaten, coerce, or retaliate against a judge because of the lawful exercise of judicial authority.
(b) Judicial compensation may not be reduced during a judge's term.
(c) Reorganization of an inferior court may operate prospectively, but may not remove a sitting judge or reduce a sitting judge's lawful tenure merely to affect an individual judge, case, or outcome.
Judicial Conduct Commission
(a) The Legislature shall establish by law an independent Judicial Conduct Commission. Its members shall be selected and removable in a manner consistent with independence and impartiality and shall serve fixed staggered terms. No law may permit the terms of a majority of the Commission to expire at the same time.
(b) The Commission shall investigate judicial misconduct and provide notice and a fair opportunity to respond.
(c) By two-thirds of its full membership, the Commission may discipline or remove an inferior-court judge for cause.
(d) By two-thirds of its full membership, the Commission may refer the removal of a Supreme Court justice to the electors. A justice is removed only if a majority of electors voting statewide on the question approve removal.
(e) Disagreement with a lawful judicial decision does not constitute misconduct or cause for discipline or removal.
(f) Judicial discipline and removal are separate from civil or criminal liability.
Arbitration
The State recognizes and shall enforce lawful private arbitration agreements and awards according to their terms, subject to the Constitution and laws of the Federated Republic and generally applicable principles concerning fraud, duress, coercion, incapacity, corruption, fundamental procedural fairness, illegality, and comparable contract defenses. Courts may not create a broader exception merely from disagreement with the parties' lawful choice to arbitrate.
LOCAL GOVERNMENT
Counties and Municipalities
(a) Arvane is divided into counties and municipalities, which are bodies corporate and politic.
(b) The Legislature shall provide by general law for the organization, powers, duties, creation, consolidation, and alteration of local governments.
(c) County boundaries may not be altered for the purpose of manipulating representation in the Assembly.
Home Rule
(a) A county or municipality may adopt a home-rule charter by majority vote of its qualified electors.
(b) A home-rule unit may exercise any power pertaining to its government not denied by this Constitution, the Constitution of the Federated Republic, or valid law.
(c) A home-rule power is displaced by State law only where the Legislature expressly provides for preemption or where compliance with both State and local law is impossible.
Limitations
(a) No local government may levy an income tax.
(b) A local government may not regulate lawful commerce more restrictively than State law except where reasonably necessary to address a distinct local threat to health, safety, property, or rights. Any such regulation remains subject to Articles I and VIII.
(c) Local governments are subject to spending limitations equivalent in principle to those imposed on the State by Article VII, with calculation and administration provided by law.
Free Port Zones
(a) The Legislature may designate Free Port Zones within Arvane in which commerce is subject to minimal regulation and expedited trade, permitting, logistics, and customs coordination consistent with federal law.
(b) State business-tax benefits within a Free Port Zone shall be established by general law and may be granted for periods not exceeding ten years.
(c) Benefits available within a Free Port Zone may not be granted as an exclusive privilege to a particular enterprise.
(d) The purpose of this section is to attract trade and investment to Arvane through general and transparent rules.
ELECTIONS
Suffrage
(a) Every citizen of the Federated Republic who is eighteen years of age or older and a resident of Arvane is a qualified elector.
(b) The Legislature may establish neutral and reasonable residency and election-administration requirements, but residency requirements may not exceed thirty days and no requirement may be designed or applied to make voting unnecessarily difficult, inaccessible, or insecure.
Elections and Federal Interface
(a) State elections shall be administered under State law through systems compatible with the National Voting System and applicable federal standards.
(b) General elections are held in even-numbered years on the date established by federal law.
Campaign Finance
(a) Contributions to candidates for State office and other campaign financing required by law to be disclosed shall be reported timely and published to the Arvane State Record.
(b) The State shall not limit the amount a person may contribute to a candidate or spend in support of or opposition to a candidate, except as required by the Constitution or laws of the Federated Republic.
(c) The State shall not establish a system of public campaign financing.
Secretary of Elections
(a) The Secretary of Elections is the independently elected constitutional officer established by Article III and shall administer State elections, registration, ballot access, tabulation, and other routine electoral functions as provided by law and consistent with federal standards.
(b) The Secretary shall preside over the Elections Commission but is not a voting member except to break an ordinary tie. The Secretary's tie-breaking vote may not satisfy the three-fifths threshold required for redistricting under Article II.
Elections Commission
(a) The Legislature shall establish by law an independent Elections Commission. Its members shall be selected and removable in a manner consistent with political and institutional independence and shall serve fixed staggered terms. No law may permit the terms of a majority of the Commission to expire at the same time.
(b) The Commission shall exercise the neutral functions assigned by this Constitution and law, including redistricting under Article II, statewide certification of election results, and election-integrity oversight. Routine election administration remains with the Secretary of Elections.
(c) Statewide certification is ministerial as to accurately tabulated lawful results and may not be withheld for political or discretionary reasons. Disputes concerning eligibility, tabulation, or legality shall be resolved judicially as provided by law.
(d) The Commission shall publish statewide certifications, redistricting decisions, and final integrity findings to the Arvane State Record.
FINANCE AND TAXATION
Taxing Power
(a) The Legislature may levy taxes subject to this Article.
(b) A new tax or an increase in an existing tax requires approval by two-thirds of the full authorized membership of the Assembly.
Prohibited Taxes
The State shall not levy:
(a) a tax on personal income;
(b) a tax on estates, inheritances, or gifts; or
(c) a tax on intangible personal property.
Permitted Taxes and Fees
The State may levy:
(a) a general sales and use tax at a rate not exceeding six percent;
(b) taxes on the privilege of engaging in specific business activities, applied uniformly;
(c) fees for licenses, permits, and services reasonably related to the cost of administration; and
(d) taxes on real property applied uniformly by assessed value.
Spending Limitation
(a) Total State appropriations for a fiscal year shall not exceed the prior fiscal year's appropriations adjusted for population growth and inflation according to law. The State Controller shall independently certify the calculation and compliance with the limitation.
(b) The Assembly may exceed the limitation only by two-thirds of its full authorized membership. The same vote shall expressly find a fiscal emergency and state its nature, the amount of excess spending authorized, and the duration of the authorization. The finding and authorization shall be published to the Arvane State Record.
(c) Revenue collected in excess of the spending limitation shall be returned to taxpayers or deposited in a reserve fund as provided by law.
Balanced Budget and Revenue Shortfall
(a) The Governor shall submit a proposed budget that does not exceed reasonably anticipated revenue.
(b) The Assembly shall not appropriate funds in excess of reasonably anticipated revenue except as otherwise expressly authorized by this Constitution.
(c) If an actual revenue shortfall threatens a deficit, the State Treasurer shall report the shortfall and the State Controller shall independently certify its amount.
(d) The Governor may reduce or defer expenditures only to the extent authorized by this Constitution and existing law. If the shortfall cannot lawfully be resolved under existing authority, legislative action shall be sought through Article II.
(e) No deficit-correction measure may violate the Constitution or laws of the Federated Republic, this Constitution, or legally binding debt obligations.
State Treasury
(a) All public money received by the State shall be deposited in the State Treasury and may be withdrawn only pursuant to lawful appropriation.
(b) The elected State Treasurer administers the Treasury and is responsible for custody and lawful management of State funds.
Controller
The elected State Controller shall independently audit State accounts and expenditures, certify fiscal calculations required by this Constitution, report compliance with spending and debt limitations, and publish final constitutional certifications and audit findings to the Arvane State Record.
Debt Limitation
(a) The State may incur long-term debt only for capital improvements and only upon approval by two-thirds of the full authorized membership of the Assembly and ratification by a majority of electors voting on the question.
(b) Total State debt may not exceed five percent of the assessed value of taxable property in the State.
(c) Temporary obligations issued solely to manage intrayear cash flow and payable from lawfully anticipated revenue are not debt within the meaning of this section if they mature within the same fiscal year and are not renewed or used to finance an operating deficit.
No State Commercial Enterprises
The State shall not own or operate a commercial enterprise in competition with private business except essential public infrastructure established by law. Any such public enterprise shall remain confined to the essential public purpose authorizing it.
REGULATION
Regulatory Principles
(a) Regulation of private conduct is justified only to protect rights, health, safety, prevent fraud, or address comparable substantial public harm.
(b) Every regulation shall employ the least burdensome reasonably available means adequate to achieve its lawful purpose and remains subject to Article I.
(c) Government shall prefer voluntary compliance, industry self-regulation, private certification, and market mechanisms where they can reasonably accomplish the lawful purpose without mandatory regulation.
(d) This Article applies to State and local governmental rulemaking and to rulemaking exercised by any constitutional officer or governmental body.
Delegation and Regulatory Process
(a) Rulemaking authority must be granted by law and confined to the subject and purposes of that grant.
(b) Except for a temporary emergency regulation under §8.3, no regulation may take effect until it has been published for public comment for at least thirty days.
(c) Every proposed and renewed regulation shall identify its statutory authority and include a public statement of purpose, expected costs and benefits, supporting evidence, and an explanation of why less burdensome reasonably available means are insufficient.
(d) Any person with standing may challenge a regulation as exceeding delegated authority or violating this Constitution.
Emergency Regulations
A temporary emergency regulation may take effect without completion of ordinary notice and comment only where delay would create a substantial and imminent threat to health, safety, property, or rights. The authority, reasons, and text shall be published to the Arvane State Record as soon as practicable. Ordinary review shall begin promptly, and the emergency regulation may remain in force only for the minimum period reasonably necessary to complete lawful ordinary rulemaking.
Sunset and Review
(a) Every regulation expires not later than ten years after its effective date unless, following public review, the responsible authority determines that it remains necessary and reauthorizes it under procedures established by law.
(b) Reauthorization requires current compliance with §8.2(c) and is not satisfied by a conclusory continuation of an existing rule.
Occupational Licensing
(a) The State or a local government may require a license to practice an occupation only where less restrictive reasonably available measures, including registration, certification, inspection, bonding, or comparable alternatives, are inadequate to address a demonstrated threat to rights, health, safety, fraud, or comparable substantial public harm.
(b) Any licensing requirement shall comply with Articles I and VIII and shall be reviewed under §8.4.
THE ARVANE STATE RECORD
Establishment and Access
The State shall maintain the Arvane State Record as the permanent public record of State governmental action. It shall be freely accessible at no cost, reasonably searchable, and maintained in durable form.
Publication Requirement
(a) Every enacted law, final executive action having legal effect, final judicial decision, regulation, and every constitutional finding, certification, referral, or formal notice required by this Constitution shall be published to the Record.
(b) A law or regulation may not be enforced against a person before official publication to the Record, except a temporary emergency regulation under Article VIII, which shall be published as soon as practicable.
(c) Failure to publish another governmental act as required by this Article constitutes a breach of the publication duty but does not by itself invalidate the act unless this Constitution makes publication a condition of effectiveness.
Integrity of the Record
An entry in the State Record may not be deleted or altered. A correction shall be entered as a new record and permanently linked to the original so that the full history remains visible.
Federal Interface
The State Record shall maintain technical and documentary compatibility with the National Record System and shall transmit or make available records as required by the Constitution or laws of the Federated Republic.
AMENDMENT AND GENERAL PROVISIONS
Amendment by Legislature
An amendment may be proposed by two-thirds of the full authorized membership of the Assembly. A proposed amendment takes effect only upon ratification by a majority of electors voting on the question at the next general election or other statewide election authorized by law.
Amendment by Initiative
(a) The people may propose an amendment by petition signed by qualified electors equal in number to ten percent of the votes cast in the last gubernatorial election.
(b) A qualifying petition proceeds to statewide referendum. Passage requires a majority of votes cast on the question, except where this Constitution expressly requires a greater threshold.
Constitutional Convention
(a) By two-thirds of its full authorized membership, the Assembly may submit to the electors the question of calling a constitutional convention.
(b) If a majority approves the call, delegates shall be elected in the manner provided by law. The Assembly may provide the administrative machinery for the convention but may not control its substantive deliberations.
(c) A revision or amendment proposed by the convention takes effect only upon ratification by the electors.
Protected Provisions and Federal Supremacy
(a) The prohibition on personal income taxation in §7.2(a) may not be repealed, weakened, or amended except by approval of two-thirds of the electors voting on the question.
(b) No amendment to this Constitution may alter an obligation imposed by the Constitution of the Federated Republic. Federal constitutional law controls to the extent of an actual conflict.
Oath of Office
Every person who assumes public office under this Constitution or law shall take an oath to support the Constitution of the Federated Republic and the Constitution of Arvane and faithfully discharge the duties of the office. Failure to complete a ministerial oath does not delay an automatic constitutional transfer of authority, but the oath shall be administered as required by law.
Public Records
Government records are open to the public. Law may establish narrowly tailored exceptions necessary to protect individual privacy, security, privileged legal matters, or another substantial protected interest. No exception may be broader than reasonably necessary for its stated purpose.
Continuity of Government
The Legislature shall provide by law for continuity of State and local government during emergencies. A continuity law may not suspend this Constitution or alter the constitutional allocation of powers among branches or independent officers.
Seat of Government
The seat of government shall be established by law.
Construction
This Constitution shall be construed to limit governmental power and protect the liberty of the people. Where constitutional text is reasonably susceptible to more than one interpretation, the interpretation that better protects individual liberty and restrains governmental power shall be preferred, consistent with the text and structure of this Constitution.
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Effective Date
This Constitution takes effect upon ratification by the people of Arvane and certification of the result in the manner required by the Constitution and laws of the Federated Republic.
Existing Laws
Laws in force when this Constitution takes effect remain in force except to the extent inconsistent with this Constitution, until amended or repealed.
Existing Officers and New Offices
(a) A person holding an existing office that substantially corresponds to an office established by this Constitution may continue temporarily until a successor qualifies, as provided by transition law.
(b) The Legislature shall provide temporary arrangements for constitutional offices newly created by this Constitution until the first elected or otherwise lawfully selected officeholder qualifies.
Initial Staggering of Executive Elections
The first election law enacted under this Constitution shall assign shortened initial terms to such independently elected executive offices as are necessary to establish the stagger required by §3.7(c). No shortened initial term shall count against the consecutive-term limitation.
First Assembly Session
The first Assembly elected under this Constitution shall convene under transition law at the earliest practicable time and in no event so late as to prevent timely implementation of the government established by this Constitution. Thereafter regular sessions shall occur as provided by Article II.
Transition
The Legislature shall provide by law for an orderly transition consistent with this Constitution.
*Adopted by the free people of Arvane.*