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Preface

This Constitution has been written to enable the effective governing of widely scattered land areas and islands. Each district or city will govern itself within the limits of this Constitution. Its ties to the central government are intended to be strong, with a minimum of interference.

The Glossary

The following terms are defined as they are to be interpreted in this Constitution, and are included to prevent innocent or willful misinterpretations of the clauses set forth therein.

Person

Any human of either sex, and of any race, origin or beliefs.

Entity

Any corporation, club, business agency, or other type of organization, formed for any purpose.

Personal Rights

The rights of a person to his life, property, and freedom. Personal rights extend not only to human beings but, in most instances, also to entities (i.e., right to property, and freedom of action). By this definition, no person has the right to life or property of any other person.

Property

The material and intellectual belongings of a person or entity. Intellectual belongings include thoughts, beliefs, ideas, patents, and copyrights.

Freedom

A condition which exists when persons have control over their individual lives and properties. Freedom is also applicable to entities (i.e., the right to control its own property).

Capitalism

A society so established that all personal rights are protected.

Force

A physical act by one or more persons and/or entities which is destructive to the personal rights of others. The threat to execute such an act also constitutes force. When force is willfully carried out, it constitutes a criminal offense. When force is carried out as a result of an accident, the person or entity found responsible may have to pay damages.

Fraud

1. A willful misrepresentation of a contract.
2. Any avoidable breach of a contract.
3. Any misrepresentation of a product, property, skill, or person, to induce another person or entity to part with property, or to surrender a right. Fraud constitutes either a criminal or civil offense, according to the case.

Government (under this Constitution)

An entity hired by participating persons and entities to protect their personal rights against external and internal force and fraud.

Constitution

The fundamental principles and law of this government to guarantee the Capitalistic structure of this country.

Participating Person

A person who participates in this government by paying for its upkeep. All persons have equal rights. However, with the few exceptions set forth in this Constitution, the services of government are limited to participating persons only.

Participating Entity

An entity which participates in this government by paying for its upkeep. All entities have equal rights, however, with the few exceptions set forth in this Constitution, the services of government are limited to participating entities only.

Participant

Any participating person or entity.

Road

As used in this Constitution includes streets, highways, railroad lines, and other ground or near-ground systems of transportation that technology may develop.

Utility System

As used in this Constitution, includes water, gas, sewer, electric power, telephone, or any other such system which is used by many people.

The Preamble

This Constitution is founded on the principle that the only true and proper function of government is to protect its citizens from force and fraud, and that this government is limited to this function only.

Article I — Structure of Government

A. Branches

The Government shall consist of a Bicameral Legislative Branch, Judiciary Branch and an Executive Branch. The sole purpose of any of the above branches of government shall he to protect persons and entities from internal and external force and fraud. Neither the government nor governmental agency shall pass any acts or laws, nor concern itself with any affairs not dealing with the duties specifically designated in this Constitution as its proper sphere of action, nor does the preceding imply the right of any of the branches of government to set up and maintain a governmental agency of any kind.

All members of the government shall, prior to taking office, be required to swear an oath of loyalty to the Government of Minerva and this Constitution.

B. Legislative Branch

The Legislative Branch shall be composed of an Upper Council and a Lower Council, whose members shall be elected as follows:

1. The Lower Council shall be composed of representatives from each district elected by majority vote of all eligible voters of their respective district. Eligible voters shall consist of participating persons who are at least twenty years of age. Each district shall send one representative to the Lower Council for each five hundred participating persons residing therein. The original Lower Council shall be composed of one representative from each district for each fifty participating persons. When the Lower Council reaches a minimum of twenty members it shall be reapportioned so that each district shall receive a percentage of representatives equal to its population percentage. The total number of representatives shall not exceed seventy-five, unless this number is increased at the request of the Lower and Upper Councils, with approval of a majority of eligible voters. Reapportionment shall take place at ten year intervals thereafter.

   A representative of the Lower Council shall serve for a three-year term, be a participating person, twenty-six years of age or older, and a resident of the district from which elected at the time of election and during the entire term of his office.

2. The Upper Council shall be composed of two representatives from each district, to be elected by the eligible voters of their respective districts. A representative of the Upper Council shall serve for six years, be a participating person thirty years of age or older, and a resident of the district from which elected at the time of election and during the entire term of his office. The original Upper Council shall be elected and take office at the same time as the first members of the Lower Council.

C. Judiciary Branch

The Judiciary Branch shall be composed of a Lower Council Judiciary Board, an Upper Council Judiciary Board, and an Executive Judiciary Board. The three boards shall consist of Judiciary Supervisors, to be elected as follows:

1. Lower Council Judiciary Board

Each district shall elect two Judiciary Supervisors to serve on the Lower Council Judiciary Board The Lower Council Judiciary Board shall elect, from among its own members, a minimum of two Supervisors to serve on the Upper Council Judiciary Board, and one member to serve on the Executive Judiciary Board.

Each district shall elect Judiciary Supervisors in accordance with criteria established by the eligible voters within that district.

Lower Council Judiciary Supervisors shall serve for a term of four years A Supervisor must be an attorney of good repute, with at least five years of practice.

2. Upper Council Judiciary Board

Upper Council Judiciary Supervisors shall serve for two years and, at the time of election from the Lower Council Judiciary Board, shall have at least two years left to serve.

3. Executive Judiciary Board

Executive Judiciary Supervisors shall serve for two years and, at the time of election from the Lower Council Judiciary Board, shall have at least two years left to serve.

The requirement for Lower Council Judiciary Supervisors to be attorneys with five years experience is waived until such time as there are enough participating persons having these qualifications. The Executive Judiciary Supervisor is not exempt from this qualification.

The original Lower Council of Judiciary Supervisors shall be elected simultaneously with the original Council.

The original Upper Council Judiciary Board shall be elected and take office within one week after the first meeting of the original Council, or prior to adjournment of the first Council session, whichever comes first. The original Executive Judiciary Board shall be elected and take office within one week after the meeting of the original Council, or prior to adjournment of the first Council session, whichever comes first.

D. Executive Branch

The Executive Branch shall consist of a Panel composed of two representatives elected from the membership of the Lower Council, one representative elected from the membership of the Upper Council, and one Supervisor elected from the Lower Council Judiciary Board. The number of this designated membership shall not be lowered.

The Executive Panel shall be elected every two years, before adjournment of a Legislative session. Members of the Panel from the Lower Council shall be elected by that body with Upper Council approval. The members of the Panel from the Upper Council shall be elected by that body with Lower Council approval. The Judiciary member of the Panel shall be elected by the Lower Council Judiciary Board and requires approval of at least two-thirds of the members of both the Lower Council and the Upper Council. All members of the Executive Panel shall serve for a maximum term of two years, and may not immediately be re-elected to the Panel for three years after completing the two-year term of service. Membership of the Panel may be increased in number to a total of ten, upon approval of at least two-thirds of the membership of each Council. If enlarged, the Panel shall include four members from the Lower Council, three members from the Upper Council and three members from the Lower Council Judiciary Board.

The Executive Panel shall select a chairman, from among its own members, who shall serve as Chairman of the National Security Council. This chairman shall have no special powers other than to exercise immediate observance and supervision over the activities of the Chief of Staff, and such other powers as those delegated to chairmen so as to facilitate orderly procedures during meetings of the Executive Panel and the National Security Council.

E. Election, Replacement, and Salary of Members of the Government

In case of death or removal from office for any reason, each district shall provide for a manner of replacement for the duration of the un-expired term. Each district may pass additional requirements for office holders provided that none of the principles of this Constitution are violated. The salaries of representatives of both Councils and the Judiciary Supervisors shall be ascertained by law and paid out of the government treasury. No representatives of either Council or Judiciary Supervisor shall, during the time for which he/she was elected, benefit from any increase in salary.

Members of the Executive Panel shall be expected to be on duty during their entire term of service, and shall, therefore, receive additional compensation. The amount of additional compensation shall be determined by the Council.

Article II — Time of Assembly, Quorums, Procedures, Rules and Impeachments

A. The Council

The Council shall convene a minimum of once during each fiscal year. Neither Body may adjourn during a legislative session without the consent of the other Body. A majority of members in each Body shall constitute a quorum to do business therein, and neither body shall be authorized to conduct any business without a quorum being present. Each Body shall be authorized to compel attendance of absent members in such a manner and under such penalties as its rules may provide, but such rules shall apply equally to all members.

Each Body shall determine the rules of its own proceedings and may, with concurrence of a two-thirds majority, expel a member from any meeting or session.

Each Body shall keep a journal of its own proceedings and shall, from time to time, publish the same. The yeas and nays of each member shall be recorded and published therein.

B. Lower Council and Upper Council Judiciary Boards

The Council Judiciary Boards shall convene whenever the Council is in session. The two Boards shall also be convened in conjunction with the Executive Judiciary Supervisors for action as a Final. Court of Appeals. A majority of members of the Council Judiciary Boards shall constitute a quorum for doing business therein, and no business may be conducted without a quorum being present. Each Board shall be authorized to compel attendance of absent members in such a manner and under such penalties as its rules may provide, but such rules shall apply equally to all members. Each Board shall determine the rules of its own proceedings.

C. Executive Panel

At least two-thirds of the membership of the Executive Panel shall always be at or near the seat of Government unless technology enables them to perform their duties as well, regardless of location. Provisions shall be made so that all members can be contacted in case of emergency.

The Executive Panel shall decide on the rules of its own proceedings.

Meetings of the Executive Panel may be called by any member for any reason. A majority of members shall constitute a quorum, and no business may be conducted in the absence of a quorum except that under circumstances of extreme emergency the provisions of Article IV, Section A, shall apply.

D. Impeachment and Removal from Office

Any member of the Government, whose actions are repeatedly in conflict with the principles of this Constitution or who is suspected of treason, shall be subject to impeachment. Conviction on either of these counts shall result in immediate removal from office and/or criminal proceedings, according to the case. Each Branch of Government may set forth additional conditions governing the proper action of its members, violation of which could result in impeachment.

Any of the various Judiciary Supervisors, Council representatives, or Executive Panel members, may initiate impeachment proceedings against any other Supervisor, Council representative, or Executive Panel member. Any district may press charges of impeachment and/or recall against any person from its district elected to government office, via a recall and/or impeachment election. Such a measure must be passed by at least a two-thirds majority of all eligible voters within the district.

Any member of the Government, who habitually initiates impeachment proceedings for the purpose of nuisance, shall himself/herself become subject to impeachment.

The combined Judiciary Boards of the Lower and Upper Council shall sit as a court in an impeachment against any Council representative, or Executive Panel member, and shall decide the issue by a two-thirds majority vote.

In the event of impeachment of a Judiciary Supervisor, the remainder of the Board shall sit as a court, and shall decide the issue by a two-thirds majority vote.

Article III — Duties of the Government

The duties delegated to the Government by this Constitution are limited to those specified in this Article.

A. Duties of the Council

The principal duties of the Council shall be:

1. To approve, reject, and make recommendations concerning the budget submitted by the National Security Council for funds necessary to establish and maintain an adequate military force for the protection of the citizens.

2. To approve, reject and make recommendations concerning the budget for operating other government branches and agencies. This does not imply any special permission for the Council to establish any governmental agencies not specifically authorized by this Constitution.

3. To distribute funds.

4. To negotiate international agreements within the limits of this Constitution.

The Upper Council shall examine bills passed by the Lower Council and accept or reject them. Disagreements shall be resolved by a joint Council committee. A bill shall become law when its identical versions have been approved by at least a simple majority vote of both the Upper and Lower Councils, and when the Upper and Lower Council Judiciary Boards have passed by at least a simple majority vote on its legality under this Constitution. No bill shall be voted on unless quorums are present in the Upper and Lower Council and the Upper and Lower Council Judiciary Boards.

Each Government branch shall determine its own budget and send it to the Council for approval, resection or recommendations.

Either the Upper or Lower Council may originate a bill and, after approval therein by a simple majority vote, may send it to the other for consideration.

B. Duties of the Executive Panel

Duties of the Executive Panel shall be as follows:

1. To act as a part of the National Security Council in performing all duties designated in Article IV, Section B and C.

2. To enact emergency legislation which the Council, with approval of the Judiciary Boards, has authorized in advance in case of emergency.

3. To declare a state of emergency during a disaster of any type, when the Council is not in session or unable for any reason to convene.

Any declaration by the Executive Panel of an emergency, or any enactment of emergency legislation, or any issuance of emergency order to the National Security Council, shall be accompanied by a call to the Council to convene in special session, if the Council is not already in session.

Judiciary Supervisors within the Executive Panel shall advise other Panel members regarding the legality of any activity being contemplated or performed by the Panel.

The Executive Panel decisions shall be rendered by at least a simple majority of present Panel members. No decision shall be made unless a quorum is present, except that in case of extreme emergency, the provisions of Article IV, Section A, shall apply.

C. Curbing a Proliferation of Legislative Acts

Any legislative act shall automatically become null and void five years after passage, unless it was originally passed for a lesser period of time. Acts authorizing contracts requiring more than five years for completion shall contain a provision to permit continuing work without reopening bids, provided that the act passed both Legislative Bodies by a two-third majority. All other acts concerning long-term contracts may be extended only with Legislative approval. Any act thus extended shall be considered as a new act.

A schedule of all acts due to expire within any twelve months shall be posted on a list available to each Council representative, and shall be updated each month.

Any act may be repealed by a two-thirds vote of each Council at any time after passage. Any act may also be reviewed by the Council Judiciary Boards, on their own initiative or at the request of any district which has passed by referendum a “Request for Review”, and any such act may then be repealed by a two-thirds vote of the Judicial Supervisors of both Boards. A written notice of a repealed act shall be sent to the Council stating the legal basis for repeal.

Any act may be repealed for any reason, if a simple majority of the electors from each district vote for such repeal.

Article IV — Functions and Organization of the Military Force

A. Function of the Military Force

The function of the Military Force shall be to defend the country from internal disorder in case of riot, insurrection or other criminal acts, or any hostile external action, when ordered to do so by the Council or by the Executive Panel of the Government.

In case of sudden and unexpected hostile action, a simple majority of the Executive Panel in residence at the seat of government, or a simple majority of said Panel who survive such hostile action anywhere within the country may order instant retaliatory and defensive action. Also, the National Security Council (Section B of this Article) shall have standing orders for instant retaliatory and defensive action, in such instances that none of the Executive Panel survive such hostile action.

B. Organization and Planning

The Military Forces shall be organized by Act of Legislature into three services. These services shall be Land (Army), Sea (Navy) and Air (Air Force). The Council shall appoint from each service a Service Chief. The Chiefs of all the services shall comprise the Joint Chiefs. The Joint Chiefs, together with the Executive Panel, shall constitute the National Security Council.

The National Security Council shall meet as often as necessary, to draft and coordinate strategic planning and major contracts, and to decide on the active and reserve requirements of military personnel and materials.

The Council shall select from among the Service Chiefs, a Chief Coordinator, to facilitate speedy and efficient coordination of strategic and tactical planning. The Chief Coordinator shall be under the immediate observance and supervision of the Chairman of the Executive Panel (Article I, Section D).

C. Financing

The National Security Council shall prepare each year an itemized list for the Council, containing material, personnel, and land requirements which the Commission deems necessary for maintaining effective and adequate active and reserve Military Forces. The Council shall, in coordination with the National Security Council, resolve differences regarding said list and the Council shall authorize such funds as it deems necessary.

Military projects requiring expenditures over a period exceeding five years shall need approval of a two-thirds majority of the Council (Article III Section C).

Funds for the Military Forces or for persons or entities contracted by the National Security Council shall be disbursed directly by the Council, or under immediate supervision of the National Security Council.

D. Military Personnel

Service in the Military Forces shall be on a voluntary basis only. This Constitution forbids the forcible drafting of any person into any service or other governmental agency at any level of government.

E. Maintenance of Loyalty

Each person entering any branch of the Military Forces shall, prior to being admitted for service, be required to swear an oath to uphold and defend this Constitution and this government.

Maintenance of continued loyalty shall be the responsibility of the respective Service Chiefs. In addition, the Council shall appoint a civilian inspector to assist the respective Service Chiefs in helping to maintain loyalty of military personnel.

Any Service Chief suspected of disloyalty, or of any treasonable activity, or of condoning treason or disloyalty by personnel within his services, shall be tried by the joint Council Judiciary Boards. When guilt or innocence cannot be established beyond doubt, a Service Chief shall be held innocent, but shall be removed to a less sensitive position with the same pay. If found guilty, a Service Chief shall be removed from position and suffer such other punishment as may be directed by the court. During trial a Service Chief shall be suspended from duty.

F. Discipline and Administration of Justice

Discipline of lower rank military personnel shall be maintained through the service chain of command according to a Uniform Military Code, drawn up by the Joint Chiefs and approved by the National Security Council, the Council and a majority of Judiciary Supervisors. No provisions of the Uniform Military Code shall, in any way, violate the principles of this Constitution.

A person joining the Military Forces shall sign a contract to perform his duties and accept discipline. Under normal circumstances, unsatisfactory performance will usually result in dismissal. During time of emergency, disobedience, desertion, or willful negligence shall be considered more severe and subject to higher penalties. The Council shall, through the civil inspector, keep a watch to insure that justice is carried out in accordance with this Constitution and the Uniform Military Code. The same justice shall be applicable to all military personnel. It is of the highest importance to have discipline, but no person, regardless of rank, shall be permitted to confuse discipline with tyranny, nor shall persons be dismissed from service without good cause. Violation of these principles result in appropriate action by the courts.

G. Limits on the Activities of Civil Inspector

Neither the civil Inspector nor any of his staff shall interfere in purely military matters. Service Chiefs may bring formal complaint concerning such interference to the Council. The Council shall investigate such charges and shall take such action as may be required.

H. Use of Military Resource to Assist Civilians During Disaster

Military personnel and supplies may be used to help civilians in disaster areas during floods, earthquakes, extensive fire, or other perils, if help from other organizations or persons is not available or is inadequate at the time of disaster. To the extent possible, insurance companies or other sources from persons thus helped, shall be utilized to repay the Government for services thus rendered.

Article V — Foreign Relations and Immigration

A. Limits on International Treaties and Agreements

The Government shall he prohibited from negotiating or entering into any treaties or international agreements except:

1. Those trade agreements necessary for conducting business within any specific country.

2. Agreements necessary for the purchase or lease of land from foreign governments required by participating persons or entities of Minerva. The participating person or entity must pay for such services. Such lands purchased or leased will be under Minervan sovereignty.

3. Agreements of Extradition of accused persons or fugitives from justice seeking sanctuary within the jurisdiction of Minerva. See Article V Section 0.

B. Prohibition to Maintain Embassies, Consulates, or Legations

The Government may not under any circumstances maintain embassies, consulates, or legations in any foreign country, nor accept any such delegation from a foreign country. Trade commissions may be established in foreign countries by any entity with government sanction; however, no expenditures of government funds for the establishment or maintenance of said trade commissions shall be permitted.

C. Immigration and Transient

Any person wishing to visit Minerva shall be required upon arrival to submit an application for temporary residence with proper credentials (passport) to the authorized agent. Denial of “Permission to Enter” by an authorized agent may be appealed to the Council Judiciary Board. All visiting permits shall be for a sixty-day period and shall be renewable once.

All persons wishing to immigrate to Minerva shall make formal application to the Council Judiciary Board. All such applications shall be processed in accordance with the Immigration Ordinance.

Any transient desiring the same government services as participants shall be charged for such services according to length of stay.

D. Extradition

No participating person shall be extradited from Minerva without due process of law. Any Judiciary Supervisor may order compliance with the request of a demanding state; however, the arrestee may sue for a writ of habeas corpus. In the subsequent hearing, neither the merits of the charge nor wrongful motives for starting the prosecution are relevant. The issues are confined to whether the arrestee is the person named in the indictment or information, whether he was in the demanding state when the crime charged was committed there, and whether the information or indictment is substantially correct in alleging the essential elements of a crime under the laws of the demanding state.

The offense must not be of a political character nor must the requisition have been made with a view to punish a fugitive for an offense of a political character unless the act constitutes a “common crime”.

To establish a political offense it is necessary to show that the accused was connected with an uprising of a revolutionary character in the demanding state and that the act charged was incidental to his/her participation in the movement.

None of the above guarantees political asylum for political fugitives.

Requisitions for petty offenses are not to be honored save under exceptional circumstances.

Article VI — Fiscal Matters

A. Issuance of Money

No government agency or any branch or level of government shall be permitted to coin, print, issue, or distribute money or any other medium of exchange.

Any entity or person may issue coins of silver, gold, platinum, or any other metal without additional collateral provided the composition and weight of such coins is clearly marked upon the coin and in the case of copper or other such metals of no appreciable value, the words “no intrinsic value” must appear on the coin.

Any entity or person may issue trading currency Collateral for any issue shall be in gold Thirty days prior to actual release of such currency, the issuer shall record and publish a freely available account of total currency of the intended issue, stating the amount of each denomination and actual collateral. The name of the issuer, date of issue, denomination and collateral, and the words “payable to the bearer on demand” shall appear on each bill or coin.

The burden of proof concerning sufficient backing for a currency issue shall rest with the issuer. Any participant shall have the right to challenge an issue or proposed issue before a court. If it is shown that collateral for a proposed issue is insufficient, the issue shall be declared illegal and must be withdrawn. If it is shown that collateral for an existing issue is insufficient, the issue shall be withdrawn and adjustments shall be made by the issuer to those persons or entities holding said currency. In addition, the issuer may be subject to prosecution for embezzlement.

Any entity or person may issue trading warrants. Collateral for any issue shall be in real property (that property which does not depreciate in value because of use or age, i.e., land, raw stock adequately protected, etc.).

Thirty days prior to actual release of such warrants, the issuer shall record and publish a freely available account of total warrants of the intended issue, stating the amount of each denomination and actual collateral. The name of issuer, date of issue, denomination, total value of warrants issued and collateral shall appear on each warrant.

The burden of proof concerning clear title to such collateral shall rest with the issuer. No person or entity shall dispose of such collateral except as provided for by law. The issuer shall not be held accountable for devaluation of such warrants for any reason except the willful disposition of all or part of said collateral, in which case the issuer shall be subject to criminal prosecution.

B. Sources to Finance Government

1. Voluntary System of Premiums

No government agency or branch of government, at any level, shall have the power to levy taxes or compel any person or entity to supply funds for government activities of any sort, except as provided for in this Article.

The financing of all other government activities shall be accomplished by the voluntary payment of premiums by participants who wish to receive the services of government, as specified in this Constitution. Collection of premiums and issuance of participation certificates shall be as provided by law. This in no way implies the right of government or government agency to place any restrictions or additional requirements on participants.

2. Participation in Government

No person or entity shall be allowed to participate in only that particular portion of government he/she/it chooses. Government services are available only as a unit.

3. Determination of Premiums

The government shall determine the total premium required from each participant.

The premium for an entity shall be five times that of an adult person. The premium for a minor to age 18 years shall be one-fifth of the premium of an adult. The premium for a person 18 to 20 years of age shall be one-half of the premium of an adult. A person 20 years of age or older shall be considered an adult.

Premiums shall be pro-rated based on budget requirements for the subsequent fiscal year. Once a premium is established, its amount shall not be changed during a fiscal year, except by special request as provided by law during an emergency.

4. Categories of Court Funds

Court funds shall be divided into three categories, as follows:

1. Funds for the general upkeep of the courts.

2. Funds to cover court cost resulting from civil suit.

3. Funds to cover cost of registering contracts.

The funds for (a) above are to be obtained from participation premiums. Funds for (b) above are to be paid by the losing party. In the event a civil suit is thrown out of court the person bringing suit shall be considered the losing party. The funds for (c) above shall come from a fixed fee, payable to the Office of Clerk of Court, for the registration of contracts, deeds, etc.

5. Additional funds may be obtained through the registration of ships.

6. Total surplus funds on hand shall never exceed one-tenth of the total annual participation fee.

7. The Fiscal Year

The government shall establish and adopt budgets at the beginning of each fiscal year. Funds appropriated shall be transferred from the collection agencies to each branch and level of government for disbursement.

Article VII — The Judicial System

Judicial duties of the government shall be delegated to the Judicial Supervisors and such lesser courts as the council may from time to time ordain and establish. The Judicial Supervisors and lesser judges shall hold their offices during good behavior, and shall at stated times receive for their services a compensation which shall not be increased nor decreased during their continuance in office.

Judicial power shall extend to all cases, in law and equity, arising under this Constitution and the laws of Minerva; to all cases of maritime jurisdiction; to controversies to which Minerva shall be a party.

The Judicial Supervisors shall have appellate jurisdiction only.

The trial of all crimes, except in cases of impeachment, shall be by jury.

Limitation on Legal Code

Penalties imposed in civil suits shall be limited to payment of all court costs incurred by all parties involved, plus reasonable compensation to the innocent party for damages done by the offender.

In criminal cases, punitive fines shall be imposed against the guilty, except in cases when, in addition, jail sentences are deemed mandatory because of the nature of the crime. The guilty party shall also be liable for all court costs and shall be made responsible for restitution to his victim.

In all cases when the accused is found innocent, but the suspicion was nevertheless warranted, the initiator of court proceedings (whether another person or government) shall merely be liable for court costs and damages. When it can be shown that the court proceedings were initiated merely for harassment, the accusing party may also be liable for restitution to cover expenses for loss of time and income.

Any government level(s), responsible for imprisoning a person due to mistake in judgment, shall be financially responsible for making proper restitution to that person.

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

Equal Rights Before The Law, Access to Courts, Police Protection

All persons, regardless of race, religion, origin, wealth, or influence shall have equal rights before the law; and any act of force and/or fraud as defined in the Glossary, shall be considered by the court as a civil or criminal offense, as the case may be. However, only participants shall have the right to initiate civil and/or criminal action against offenders. Any court may initiate action against an offender because of:

1. An offense committed against a participant who, for valid reason, cannot himself/herself/itself initiate court action (See Glossary for definition of participant).

2. The violation of the rights of a minor, on whose behalf no participation premium is paid, and whose rights are violated by others, particularly parents or guardians.

3. An offense involving treason.

4. The determination by that court that a committed act is a potential threat to the life or property of a participant, i.e., a capital crime.

Participants shall have the right to bring forth court action against government agencies for failure to adequately protect personal rights and for corruption.

Court Attorneys

The courts may select and pay for defense attorneys for adult participants or non-participants during criminal proceedings. A defendant found guilty shall be liable for reimbursement of all court fees, including charges of the defense attorney; but non-participants may also be fined an additional sum, in accordance with cost of the participation premium for a certain time period as may be established by law. If the defendant is found innocent, the person or government agency initiating the charges shall be responsible for reimbursement of attorney fees.

When a minor is involved, a court may select and pay for an attorney to defend his rights. If the minor is found guilty, his parents or guardians shall be liable for reimbursement to the court of all attorney fees.

Neither Judicial Supervisors nor lesser judges shall issue warrants of search or seizure except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person and/or things to be seized.

No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment of formal charge; nor shall any person be subject for the same offense, or a lesser charge, to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself/herself, nor be deprived of life, liberty or property without due process of law.

In all criminal prosecutions, the accused shall have the right to a speedy and public trial, by an impartial jury, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his/her favor, and to have the assistance of counsel for his defense.

Article VIII — Activities Permitted to Government, and Individual Responsibilities

A. Activities Permitted to Government

All agencies of government, regardless of branch or level, shall be restricted so as to confine their activities and the expenditure of funds for the following:

1. Maintenance of military and police forces.

2. Maintenance of courts.

3. Maintenance of all governmental branches and agencies whose functions and methods are described in this Constitution.

4. Government may act as a registration agency for recordation of births, deaths, contracts (including marriages and divorces) and money issues. All such registrations, with exception of money issues, shall be on a voluntary basis only. Money issues shall be registered either with government or with a private agency, so as to provide a ready record of collateral to back each issue.

5. Government may register and guarantee access and exploitation of water resources of a given area of ocean or seas within domain of Minerva on a first-come, first-serve basis for as long a time as actual work is maintained, in accordance with the registration and provided that in doing so the rights of others are not violated.

6. Government may grant and guarantee exclusive rights to a patent to participants making new discoveries in the arts, sciences, or any other field of endeavor. If two or more participants make the same, or essentially the same, discovery independently, both participants shall be granted patents even when the discoveries are not made simultaneously. Burden of proof of independency of development shall rest upon the participant making application for a patent after the first patent has been applied for.

   Government may also issue copyrights to participants for original writings on any subject, and for musical compositions.

7. Government may prohibit importation of products from foreign countries under any of the following conditions: (a) when expert advice provides good evidence that a product may cause disease in humans or in useful plants or animals; (b) when it can be proven In court that arms or other materials are being imported to help any subversive or criminal group; (c) when it can be proven in court that trade (both import and export) is of material benefit to an enemy of this country. In all cases when a foreign country, by official proclamation of its authorities, openly declares itself to be an enemy of Minerva, the courts shall assume that such is indeed the case.

   If it can be shown that investigation of products are being instigated by persons or government officials merely to harass the importer or exporter for competitive or other unwarranted reasons, the instigator(s) shall be liable for all damages, and other civil or criminal action, as the case may be.

8. The Government may prosecute, at the request of and/or behalf of a participant or in accordance with other provisions of the legal code, against any person who willfully and knowingly enters into any agreement containing hidden stipulations, conspiracies, or misrepresentations concerning stocks, bonds, insurance, pension plans, real estate, or other properties, services, or products. The offense may be termed criminal or civil according to the nature, severity, and effect of the committed action.

9. Government, either at request of a participant or at its own initiative, may initiate charges of civil or criminal fraud against persons falsely representing their skills. Such charges shall be particularly pressed against those who engage in activities highly pertinent to health or safety (i.e., doctors, nurses, airline pilots, etc.). In all such cases, qualified and independent experts shall be brought forth to verify the validity of charges.

B. Personal Responsibilities

1. Responsibilities to Minors

This Constitution shall refer to two types of minors as follows: (a) "minors", defined as any sane person from time of birth to age 18 years; (b) "legal minors", defined as persons of any age, who through proper court proceedings, augmented by ample and competent medical evidence, are proven to be mentally retarded, senile, or insane to the extent whereby they cannot be held responsible for their actions.

Legal responsibility for a minor shall rest with one or both of the surviving parents or with any competent and willing person, to whom the natural parents have delegated any or all of the functions associated with proper upbringing of minors.

In case of orphans or when neither of the natural parents can be found, any reliable person may assume guardianship of a minor.

Parents and guardians shall be held responsible for the physical well-being, education, and proper upbringing of their dependent minors and shall be prohibited from injuring or impairing their health. Parents or guardians guilty of neglect or maltreatment of minors under their care shall be liable for criminal prosecution. A court may, upon conviction of parent(s) or guardian(s) for crime against a minor, appoint a qualified person willing to be legal guardian. However, unless otherwise agreed on, the parent(s) or previous guardian(s) shall remain financially responsible for the minor's proper support and education.

Responsibility to a legal minor shall rest with one or both of the surviving parents or with any competent, willing person (be it an individual or organization) assuming guardianship.

The law shall protect any minor or legal minor from mistreatment, neglect, or other violations of his rights by guardians or parents, whether or not a participation premium is paid on his behalf. When the minor or legal minor is a non-participant, the fine placed on violators shall be raised, so as to cover both types, 1 and 2, of costs connected with court trials, as enumerated in Article VII, Section B-4.

2. Boundaries of Land Parcels, Water and Mineral Rights, and Prohibition to Adversely Change Nature

The owner of a land parcel shall have the right to said property in accordance with the purchase agreement.

Space above the ground, or above any structure or natural feature situated on a parcel of land, to a vertical distance of 500 feet, shall be considered as part of the parcel belonging to the owner.

A parcel bordering an ocean or sizable lake, may extend to the water's edge. A parcel bordering a river open to public navigation (see below) may also extend to the water's edge. In neither case the owner shall not have the right to block public navigation. A dam or other obstruction may be constructed on the water only if a convenient alternate route is provided.

The following additional rules shall be applicable to use of water:

1. If the water body is a sizable lake or river, it shall not be closed to the general public. (Justification for such a rule is as follows: with very few exceptions there exist previous rights for navigation, fishing, sport, or other purposes, which are not relinquished merely because a person has purchased adjacent land. Moreover, a large body of water borders properties of many persons, often more than one nation. Blocking passage through such water would violate rights of other owners.) Nevertheless, usage of such water shall in no way extend to control or infringement on adjacent land, and access from land to water shall be only through roads on right-of-way easements.

2. If no previous agreements existed with other persons, a small body of water may be closed to all but the owners of surrounding land parcels.

3. The owner of a land parcel may use water for his own purposes, but may not stop water from its downstream flow to other parcels unless all sub-lessees of such parcels give consent.

All persons shall be prohibited from polluting water and air to the extent whereby life, health and safety of other persons, or of useful plants or animals not on their property, are threatened. Determination as to when such a threat exists shall be made by courts, which shall consider the advice of experts in these fields. Any participant shall have the right to bring court action on this matter against any person or against government; and may, when the circumstances so warrant, obtain a temporary injunction, halting further introduction of pollutants until the case is decided in court. Fines to be paid by the offender may include payment of damages to the injured and all court costs. Extreme cases of pollution may be found criminal in nature and judged accordingly.