Article 3: The Judicial Branch.

 

Lay-out and limitations on the supreme court and general laws of the land.

Article. 3. Section. 1. The Judicial Branch

The judicial power of the RoS shall be vested in a Supreme Court of the Republic (SCoR), constituted of 5 Judges, who serve a maximum term of 12 years, and in such inferior courts as the Congress may establish. All judges of the Supreme Court must be citizens and without Felony record. They shall receive a salary EQUAL to that of an RRC Major. No judge of ANY COURT at ANY LEVEL is EVER appointed for LIFE. No One may EVER be Re-appointed to any court, and it counts as one of the 2 allowed offices in their LIFETIME.

In ALL cases, ANY court may only rule based upon the laws, and principles, set forth in this document, or legislated by the CoS or one of the states, but NEVER reinterpret them. In no case may ANY court ever decide a case based on laws outside this Constitution. Lawyers arguing cases are likewise forbidden from introducing such arguments. All proceedings and documents must be presented in plain English. No level of court may change or strike down a law except where demonstrated that the law violates THIS Constitution.

Legal rulings within the RoS are NEVER based on “legal precedent” or “case law.” Such rulings allow small changes to be slipped unseen into the existing system. This is FORBIDDEN! Such subversion may be Treason, depending on their exact nature. The idea of stare decisis has no place in this system. If you wish to change the rules, there are methods provided, USE THEM! A 4/5 majority of The CoS, or 3/4 of the Citizenry at large can overturn ANY SCoR ruling.

Article. 3. Section. 2.Judicial Powers

The judicial power of the SCoR extends to all cases arising under this Constitution, the laws of the Republic, and Treaties made by it, as well as all cases involving Ambassadors, or any Republic officials; to all cases of maritime law, or cases to which the Republic shall be a party; to cases between 2 (or more) states, between a state and residents of another state, or between residents of different states, and between a state, or its residents, and foreign states, and residents; however, the SCoR NEVER has the authority to REDEFINE the meanings or intent of laws.

The SCoR has primary Jurisdiction in all cases noted above, and secondary Jurisdiction, with such exceptions and regulations as the CoS make in all other cases.

The trial of other crimes shall be by jury, and held in the state where the crime(s) were committed. When not committed within a state, the trial shall be held where the CoS by law directs. In ALL cases of “trial by Jury,” the jury may REQUIRE the court to ask ANY specific questions they deem necessary to determine the case, or request clarification of ANY unclear issues. The court MUST comply.

Impeachment is a unique issue covered inArt. 4. Sect. 4.

Article. 3. Section. 3. Some Definitions of Treason

Treason against the RoS is defined as: Levying war against the RoS, joining enemies of the RoS, or giving them aid and comfort; subverting, weakening, or changing the Constitution by means other than those outlined within it, in addition to any other Acts noted in this document.

Article. 3. Section. 4.Capital Crimes and Legal Principles

Conviction of any of the following are CAPITOL OFFENSES at all levels of the Republic.

PREMEDITATED MURDER

SLAVERY/ Taking, Transporting, Selling, or Keeping

KIDNAPPING

&TREASON

The standard method of execution within the Republic is the Cranial-Electro-Spike.

Further definitions and clarifications:

PREMEDITATED MURDER: Any killing of a human done by Anyone WITH Advanced Planning that is NOT of a Clearly Expressed Defensive Nature, or in time of war.

SLAVERY: Forcing a person to perform acts, or provide services to, with, or for others while gaining compensation for oneself; keeping a person in bondage-of-service to oneself; knowingly transporting slaves or selling another Living person for compensation or profit.

Lawful Detention after conviction, and requiring a prisoner to work for their upkeep, is NOT slavery. Actions Have Consequences.

KIDNAPPING: Any form of hostage-taking for the purpose of Coercion, whether for monetary, social, religious, political, or ANY OTHER reason, except that a parent can’t kidnap their own child. Such cases are not classified as kidnapping.

Furthermore, any kidnapper who Voluntarily releases their victim, Completely Unharmed, may avoid the death penalty on the First Offense.

TREASON: has been defined at-length, but consider this an additional reminder. When it becomes permissible to ACT against your Nation, the Nation is dying. Speaking is one thing; speech is words and ideas. There’s always room for those, but taking action is different. Action has Consequences. When you cross that line, it gets SERIOUS.

There is no statute of limitations on ANY capitol crime, EVER.

The following are considered Law At ALL LEVELS of court within the Republic:

Nature’s God and Nature’s Law may NEVER be contradicted by ANY Legislation at ANY level.

English is the official language of the RoS, and all documents will be issued in this language and no other. A State may adopt any language for speech, but ALL legislation is written in English.

In all cases of “suit for redress of grievance,” the loser pays ALL court costs. Furthermore, under no circumstances shall there EVER be ANY form of PUNITIVE MONETARY Damages assigned against the loser in such a lawsuit. Any court, from low to high, may reward ONLY redress of ACTUAL Damages. If the court feels further penalties are warranted, it may advise the filing of criminal charges against the accused.

In cases of theft, the convicted shall pay Three times the value of the Stolen Property and Four times the value of any Stolen Capitol Property, No interest shall EVER be added to the original sum, and reparations may be made by either direct payment on the spot, or incarceration and community service work where the victim receives 100% of the pay. Such work is compensated at the same rates as any other government employment.

Knowingly infecting a person with any form of fatal, chronic, or otherwise incurable disease is a FELONY, and may eventually constitute PREMEDITATED MURDER. Knowingly exposing, without infection, or infection with a serious but non-terminal disease, can be a Misdemeanor.

The definition of Rape is forced sexual intercourse against the expressed unwillingness of the other party. This unwillingness can be expressed verbally, or otherwise, as physical resistance can be extremely dangerous in some cases.

This includes ANY unwilling partner, no matter their marital status, age, occupation, or connection to the attacker. The mode of dress, profession, or past morality of the victim may NEVER be used as a defense. Mitigating Current Circumstance may exist, but there’s no excuse for rape, EVER! NO MEANS NO!

The penalty for rape is Permanent Physical Neutering, but this penalty may not be applied on the 1st Non-Violent, Non-Bound, Non-Drugged, offense. Misunderstandings can occur in such matters, and must be taken into account.

In recognition of our Reverence for Human Life, and the primary TENET of the RoS that Actions have Consequences, it is therefore Republic law that LIFE begins at Conception. Abortion is only legal in cases of rape, incest, or threat to the mother’s life; however, there are no restrictions on prevention of Conception.

Any Resident convicted of a non-violent felony(s) who has paid their debt to society, is returned their full rights Without Limit. Conviction of a violent Felony will cost a Citizen their Sovereign Franchise. A convicted Individual who has never served in the RRC may still join and earn their Franchise, but the required term is 8 years instead of 4. Conviction of a violent Felony May, in Extreme cases, warrant forfeiture of the right to bear arms.

It should be noted that embarrassment and physical pain have scientifically proven behavioral triggers associated with them, and If carefully and judiciously applied, make very effective forms of criminal penalty. In many cases, they are more effective than long-term incarceration. Also the privilege of the “writ of habeas corpus” will NEVER be suspended, and absolutely No Form of “After the fact” Law shall EVER be passed at ANY level of government.

 

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