Constitution of Samana Cay

On March 22, 2010, the government of the Commandate of Samana Cay agreed to dissolve and reform as the Caribbean Republic of Samana Cay under this new constitution, which took effect the same day.

Preamble
We, the people of the Caribbean Republic of Samana Cay, in order to create a more perfect union, promote peace, create a system of law, provide the general welfare, and ensure the fairness and longevity of our nation, do establish and abide by this constitution of laws for our land.

Section I
The Prime Minister is the head of state and advises the National Council.

Subsection I
A member of the National Council at the time of the Prime Minister election can run for Prime Minister.

Subsection II
The candidate must receive at least 50%+1 votes in an election involving all registered voters in the country. If this amount is not reached by any candidate, the National Council determines the winner by vote; whichever candidate receives the most votes, wins the election.

Subsection III
The Prime Minister can be elected to a five-year term and cannot run for reelection, either consecutively or non-consecutively.

Section III
The Prime Minister advises the National Council on laws and actions. The Prime Minister is the commander of all defense forces. The Prime Minister acts as the country’s chief diplomat. The Prime Minister can call for the establishment of a special, temporary committee to deal with certain situations. The Prime Minister appoints High Court justices for National Council approval. The Prime Minister chairs National Council meetings. The Prime Minister can approve or fail a previously failed bill and send it back to the National Council for revote. The Prime Minister can appoint the Chief Justice of the High Court.

Section I
The National Council receives advice from the Prime Minister and votes on proposed laws.

Section II
The National Council consists of two members from every district except the Airport District and Port District, which is represented by one member.

Subsection I
A candidate must have lived in the district for at least two years and have lived in the country for at least five years. A candidate must have Samanian citizenship and have a public service record of at least two years. The candidates to represent Airport District must be Samanian citizens, have lived in the country for at least five years, and have an active pilot’s license; an Airport District candidate can live in any district. Port District candidates must have a boating/shipping license, but can live in any district.

Subsection II
The candidate is voted for by all registered voters of the district the candidate plans to represent. The two candidates with the most votes at the end of the election are given the seats in the National Council. An Airport District candidate must receive more votes than any other candidate; only voters with an active pilot’s license can vote for the Airport representative. The Port District candidates must receive more votes than any other candidate; only voters with a boating/shipping license can vote for the Port seat.

Subsection III
Members of the National Council are elected to three-year terms with the possibility of being reelected once, whether it is consecutively or non-consecutively.

Section IV
The National Council ratifies proposed laws, which can be proposed by any member of the council or by the Prime Minister (see Section V). The National Council approves High Court justices (Section VI). The National Council votes on citizen applications (see Article IV). The National Council must approve trade/diplomatic agreements/treaties as specified by Section V. The National Council can be the final decision in a Prime Minister election. The National Council chooses an election company and governs it.

Subsection I
A bill/treaty must receive at least 50% of the votes (in favor) of all members of the National Council, including those that do not vote. All members present at the meeting must vote.

Subsection II
If a matter fails to receive the needed votes as described in Subsection I of this Section, the bill can be brought to the Prime Minister. If the Prime Minister approves of the matter, the National Council must vote again on the matter, requiring at least 40% of the vote of all members, including those not present. If the Prime Minister fails the matter, the matter is nullified.

Section VI
A candidate for High Court justice must receive at least 2/3 of the vote (in favor) of all members of the National Council, including those that do not vote. All members present at the meeting must vote. If this amount is not reached, the nomination is dropped.

Section VII
The National Council must appoint a Cabinet of officials to advise the Prime Minister. The Cabinet is made up of the chief executives of different government agencies. The Cabinet is reappointed every five years, with no term limit. The National Council must appoint the head of each agency from an existing high officer in the agency. The National Council must approve this appointment with a 50%+1 vote of all members of the council. All members must vote.

Section I
The High Court is the highest appeals court in the country.

Section II
The High Court consists of six justices, one being the chief justice.

Subsection I
A candidate for the High Court must be a registered lawyer in the country and must have at least five years service on a court in the country. A candidate must be a Samanian citizen and must have lived in the country for at least five years.

Subsection II
A candidate must be nominated by the Prime Minister and the National Council must approve of the candidate as stated in Chapter II Section VI of this Article.

Subsection III
A justice serves a life term, but can end this term with a resignation or by being impeached (Article II).

Subsection I
A candidate for Chief Justice must, at the time, be a High Court justice.

Subsection II
After the term of a chief justice ends, the sixth position on the High Court must be filled by process of Section III of this Chapter before a new Chief Justice can be chosen. Once this is done, the members of the High Court must unanimously agree on the appointment of a new chief justice, which can be chosen from any of the six justices. This process has 30 days to take place from the time of the sixth justice’s appointment. If no agreement has been reached by the 30-day mark, the Prime Minister appoints the Chief Justice; the Prime Minister cannot choose the justice he/she just appointed to the court.

Section V
The High Court determines the constitutionality of laws and actions of the government and serves as the highest court of appeal for a case.

Section VI
The Chief Justice chairs all meetings of the High Court and court proceedings.

Subsection I
The High Court must base all decisions on this constitution and the law code of the country.

Subsection II
Decisions made in the High Court are a precedent and must be followed by all courts in the country.

Subsection I
The High Court must have a unanimous agreement in order for them to make their official decision.

Subsection II
The High Court must remain on one case until there is an official decision and can never leave an open case in order to pursue another case.

Section I
Any federal governmental worker can resign from office under this policy.

Section II
A resigning official must present the National Council with a written letter stating and explaining his/her resignation.

Section III
A resigned official is replaced with another in accordance with election procedures in Article I. The exiting official’s term is automatically ended and a special election is held to fill the position; the newly elected official’s term starts on January 1 of the following year, although the official takes office as soon as the election results are official. The time leading up to the term start date of January 1 does not count towards term years or term limit.

Section I
The Prime Minister can impeach a High Court justice, the Chief Justice, or a National Council member. A National Council member can impeach the Prime Minister or a High Court justice (not the Chief Justice). A High Court justice can impeach the Chief Justice, or the Prime Minister. The Chief Justice can impeach a High Court justice or the Prime Minister.

Section II
After being nominated for an impeachment, the National Council must vote on the matter, requiring at least 2/3 of all members of the National Council (including those not present), to vote in favor of removing the official from office. The High Court must also vote on the matter, requiring at least 2/3 of all justices to vote (all justices must vote) in favor of removing the official from office. If both groups achieve the required votes, the official is removed from office and can never run for the same office again. If the person who is impeached is a member of either the High Court or the National Council, they may not be present during their impeachment vote and its included discussion.

Section III
A person may be impeached only one time per term. In the case of High Court justices or the Chief Justice, they may only be impeached once every five years.

Chapter I - Dates
All national elections are held on the first Monday after the first Saturday in December; this is a national holiday.

Chapter II - Voting Age
A citizen must be at least 18 years old in order to vote in national elections. All citizens must register to vote between the ages of 18 years, and 18 years and 6 months.

Chapter III - Voting Sites
Polling centers must be placed in the district capital building of each district. Airport and Port District elections are held in the National Council building in the capital.

Chapter IV - Election Officials
Election officials for the national elections are an independent company (chosen by the National Council in a vote following Article I Chapter II Section V) and governed by the National Council. District election officials are from the same company but governed by the district election officials.

Chapter I - Application
The applicant must fill out an official application and submit it to the National Council. Questions in this include full name, gender, date of birth, e-mail address, current nation of residence, other citizenships, and a reason for becoming a citizen.

Chapter II - Background Check
The federal government then must conduct a thorough background check on the applicant, including criminal record, known social/political groups, etc.

Chapter III - Review
The National Council must thoroughly analyze each application and background check, and must not discriminate on an applicant based on characteristics stated in Article V.

Chapter IV - Vote
Upon voting on the application, the applicant must receive 50% (in favor) of all members of the National Council, including those that do not vote. All members present at the meeting must vote. If 50% is not reached, the applicant does not obtain citizenship.

Chapter V - Limit
One person can only submit one application per year.

Chapter I - Race
All decisions must be free of racial discrimination based on color or background.

Chapter II - Sex
All decisions must be free of racial discrimination based on sex.

Chapter III - Other
Decisions must be free of any discrimination based on any characteristic except credentials.

Chapter IV - Right to Life
Abortion is illegal in the nation.

Chapter V - Basic Human Rights
All basic human rights, as stated in the United Nation Declaration of Human Rights, must be followed, with the exceptions stated in this document.

Chapter I - Police
The National Militia is the police force for the nation. All national laws are enforced by this force. District laws that do not interfere with national laws are free from militia enforcement.

Chapter II - Military
There is no military force for Samana Cay, but military defense is the responsibility of the Bahamas. Samanians can join the Bahamian military but cannot be drafted into it.

Chapter III - Military Leader
The Prime Minister is the commander-in-chief of military forces dispatched from the Bahamas to Samana Cay.

Chapter I – Establishment
This Constitution establishes eight districts in the country. They are Airport, Capital, Columbus, Eastern, Farmer’s, Port, Tropic, and Western.

Chapter II – Laws
All districts must have a seat of government, a governor, and a lawmaking body. All districts are free to create a constitution with any laws as long as they do not interfere with national laws, in which these federal laws overpower district laws.

Chapter I – Restrictions
Articles I, V, and VI can be added to, but cannot be deleted or replaced in any way; Article VIII cannot be amended.

Chapter II – Who
The public votes on an amendment that can be proposed by any governmental member who works directly under this constitution.

Chapter III – The Vote
At least 1/3 of the National Council must approve of the amendment before it is put before the country in a referendum. At least 2/3 of all voters in the country must vote in favor of an amendment in order for it to be passed.

Chapter IV – New Constitution
If this document becomes out of date for the times and/or a new constitution is required, all the country’s citizens must vote on this matter. It must pass with an 85% approval rate.

Definitions

 * Political party: an alliance, bloc, or other organization formed on the basis of common political views
 * Partisan: supporting one party, group, etc. over another
 * Nonpartisan: having no ties to a certain party, group, etc.; unbiased
 * Politician: one who holds a political office
 * Candidate: one who runs for a political office
 * Federally elected position: a political office that includes Prime Minister, National Council seat, and other elected offices that run the federal government
 * Locally elected position: a political office that includes the District Chairman, district council seat, and other elected offices that run a district government
 * Political ads: any advertisement (on radio, newsprint, television, internet, billboard, sign, etc.) that references a political election
 * Political alliance: any formal or informal alliance between active members of any council in the country
 * Lobbyist: a person who is hired by a company, industry, or other non-governmental group to routinely speak in front of a legislature in order to have the views of his/her employer incorporated into legislation
 * Lobbyism: the practice of using lobbyists
 * Informant: a person who is very knowledgeable in a certain field, and who shares this knowledge with a legislative body

Additions

 * Political parties, whether formal or informal, are illegal. This is to ensure that all politicians are nonpartisan and vote based on true beliefs, not party agendas.
 * Federally elected positions can have a maximum of eight candidates per election. Locally elected positions can have a maximum of six candidates per election.
 * Potential candidates for prime minister pay 1000 dollars and gather 250 signatures from registered voters to join the race. The first eight candidates to apply with these requirements to the National Council between 250 and 325 days prior to the election, and that fit the criteria set forth in Article I of the 2010 Constitution, are selected to run.
 * National Council candidates are determined by the first seven applicants to apply to their respective district’s legislative body between 175 and 200 days before the election.
 * Applicants must have a 1000 dollar entrance fee and 100 signatures from registered voters in the districts they represent. Applicants must also fit the criteria set forth in Article I of the 2010 Constitution.
 * Political ads that show bias and/or favoritism towards/against a candidate are illegal. All political ads must show a nonpartisan view and present facts of all candidates equally.
 * Political alliances are illegal. All politicians must remain nonpartisan at all times.
 * Lobbyists and lobbyism is illegal for all legislatures throughout the country. However, a non-hired “informant” may be brought in by the legislature to share his/her expertise on a certain topic.

Amendments
Article III Chapter I Election Day is a federal holiday that occurs on the final Saturday-Sunday pair of November. This is the day in which all political elections in the country take place. The polls are open at designated polling places from 10 A.M.-9 P.M. local time each day. All election results may not be released until 8 A.M. on the Monday morning following the election, or until 100% of the votes are counted.

Definitions

 * Natural Disaster: Natural phenomenon that causes mass destruction in its path (includes hurricanes, tornadoes, tsunamis, volcanic eruptions, drought, monsoon-like rains, global cooling, global warming, etc.)
 * Unlivable: Conditions unfit for human habitation under the human rights laws guaranteed by the Samana Cay Constitution and the laws of Samana Cay and its subdivisions
 * Habitable: Fit for human occupation as per the Samana Cay Constitution and the laws of Samana Cay and its subdivisions
 * EES: Emergency Evacuation Scenario – time when Samana Cay becomes unlivable and must be evacuated
 * State of Emergency: Prime Ministerial decree which can trigger an EES

Additions

 * A box of land between 17.696602 N and 17.641627 N, 89.009707 W and 88.931288 W, with an extension box with corners (17.663269N, 89.009707 W), (17.658245 N, 89.009707 W), (17.662671 N, 89.018807 W), and (17.6588355 N, 89.017964 W) – the western edge following a road, is the land under sovereignty of the Caribbean Republic of Samana Cay for an EES. This land is officially known as Camp Rio Bravo.
 * To trigger and EES, radio and television programs will cease as an emergency message (Attention all citizens, an Emergency Evacuation Scenario has been declared. Martial law has been declared and the orders of all National Militia members are final. All reserve National Militia members are to arm, if have not done so already. Remain calm and follow directions. If you are currently in Western, Columbus, Port, or Farmer’s Districts, report to the Port District for evacuation. If you are currently in the Capital, Airport, Tropic, or Eastern Districts, report to the airport for evacuation. You will receive further instructions there. Good luck and be safe.) will be continuously played on direction of the Prime Minister once a state of emergency is declared. If a state of emergency is declared without just cause, the Prime Minister is immediately removed from office and the National Council appoints a new Prime Minister to complete the term. Once this false declaration is realized, the EES is called off.
 * Prior to the message being sent out, all National Militia members are contacted so all reserve members can arm themselves for duty. All active national members are sent to Camp Rio Bravo to maintain order there. All reserve and local members are dispatched nationwide to maintain order during evacuation. They are evacuated once all citizens have been evacuated or otherwise ordered by their superiors.
 * Testing of this emergency message will be done on the first day of every month at 12:00 P.M. local time on every radio and television station in the country. It will be preceded and post ceded by the words “This is only a test. No real danger is imminent.”
 * The watering hole area spans the lake and the adjacent areas. The airport is located in the southeast corner. The government area covers the lowest portion of the lake and land west of that, as well as a thin strip of land leading to the exit on the Belizean road. Tropic and Farmer’s districts are assigned the land immediately above the government’s strip, with Farmer’s closer to the watering hole area. Western District lies north of Tropic and Eastern District lies north of Farmer’s. Capital District lies in a triangle just south of the government strip. Columbus District fills the remaining land south of the strip. Evacuated persons are assigned by their district of primary residence. Visitors are assigned by their primary location of residence during their stay.
 * Martial law is activated upon the declaration of a state of emergency. It lasts 6 months and can be renewed at the end of that span an infinite number of times. Martial law can only be replaced by a new constitution drawn up by the National Council. This new constitution is voted on by the people in a referendum and, if passed, it removes martial law. If, after 6 months, martial law isn’t renewed and a new constitution is not approved, the 2nd Constitution of Samana Cay takes effect once again. A constitution vote can interrupt a 6 month Martial law term.
 * People cannot leave their refugee camps without accompaniment by a National Militia member. People cannot enter the government area without Prime Minister approval. People cannot leave Camp Rio Bravo without their district government’s approval. Militia members are free to move in all areas.
 * Elections are arbitrarily suspended for the first election day only. All subsequent election days will hold elections. The first election day can be reinstated by Prime Minister decree though. Referendums and constitutional votes are never suspended and do not apply to the above rule.
 * Public demonstrations are illegal during this time and all public grievances must be placed in petition form.
 * All businesses are seized by the district governments and, upon removal of martial law, will be appropriated to business owners who owned a business in the same field on Samana Cay prior to EES (for example, a gas station can only be given to someone who owned a gas station back on Samana Cay). If this rule is unable to be fulfilled, service exams will be given to distribute businesses.
 * Unless noted in this amendment, the 2nd Constitution of Samana Cay is still in effect.
 * Trips to the watering hole area must be made twice a day, one district at a time.
 * One trip must be made between 8:00 A.M. and 1:00 P.M. and the other between 5:00 P.M. and 10:00 P.M. Each district gets a 35 minute stay.
 * Districts must make the trip in the same order both times in one day, but the order must switch daily.
 * Districts in this case are government area, Capital, Western, Farmer’s, Tropic, Columbus, and Eastern.
 * The most populous district gets 2 consecutive stays in one time, totaling 70 minutes.
 * All people must be taken in habitable vehicles to and from the watering hole area.

Amendments
Article I Chapter I Section III The Prime Minister advises the National Council on laws and actions. The Prime Minister is the commander of all defense forces. The Prime Minister acts as the country’s chief diplomat. The Prime Minister can call for the establishment of a special, temporary committee to deal with certain situations. The Prime Minister appoints High Court justices for National Council approval. The Prime Minister chairs National Council meetings. The Prime Minister can approve or fail a previously failed bill and send it back to the National Council for revote. The Prime Minister can appoint the Chief Justice of the High Court. The Prime Minister can declare a state of emergency, triggering an EES.