Sample CE Constitution
The following is a sample constitution for a business using Constitutional Enterprise. To anyone familiar with the Constitution of the United States, it will be obvious that I used it as a model for building this one. It is quite a bit longer than its model, because I incorporated the content of the amendments directly into the body of the text. I also tried to correct areas where I saw weaknesses in the original. And of course, I couldn't help but apply my own opinions in places.
WE THE EMPLOYEES, of ______________________, in order to form a more perfect union, reward contributions justly, insure internal harmony, protect ownership rights, promote general prosperity, and secure the blessings of liberty for ourselves and for those who follow us, do ordain and establish this Constitution.
ARTICLE ILegislative Branch
Section 1Congress Defined
All legislative powers herein granted shall be vested in a in a company congress, which shall consist of a Senate and a Board of Representatives.
Section 2Board of Representatives
The Board of Representatives shall be composed of members chosen every year by the employees within each division of the company.
No person shall be a representative who shall not have attained the legal age of majority, and been two years an employee of the company, or an employee at the time of the adoption of this Constitution, and who shall not, when elected, be an employee of that division in which he or she shall be chosen.
Representatives and company assessments shall be apportioned among the several company divisions, according to their respective number of employees. The actual enumeration shall be made within three months after the adoption of this Constitution, and within every subsequent term of two years, in such manner as congress shall by policy direct. The ratio of representatives to employees will be established by a majority vote of the Senate, but each division shall have at least one representative.
When vacancies happen in the representation from any division, the division executive thereof shall request an election to fill such vacancies.
The Board of Representatives shall choose their own presiding officer, as well as their other officers, from among their members; and shall have the sole power of impeachment.
The company Senate shall be composed of two senators from each division, chosen by the officers thereof, for a term of three years; and each senator shall have one vote.
Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as possible into three classes. The seats of the senators of the first class shall be vacated at the expiration of the first year, of the second class at the expiration of the second year, and of the third class at the expiration of the third year, so that one third may be chosen every year; and if vacancies happen by resignation, or otherwise, the division executive thereof may make temporary appointments until the officers of that division may choose a replacement in the normal manner.
No person shall be senator who shall not have attained to the legal age of majority, and been three years an employee of the company, or an employee at the time of the adoption of this Constitution, and who shall not, when elected, be an employee of that division for which he or she shall be chosen.
The Vice President of the company government shall be the President of the Senate, but shall have no vote, except to break a tie.
The Senate shall choose their other officers, and also a President pro tempore to act in the absence of the Vice President, or when he or she shall exercise the office of President of the company.
The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the company government is tried, the Chief Justice shall preside: and no person shall be convicted without the concurrence of two thirds of the members present.
Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor or trust in the company: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to other company policies.
Section 4Congressional Elections and Meetings
The times, places and manner of holding elections for senators and representatives, shall be prescribed in each division by the popularly elected officers thereof; but the company congress may alter such regulations, except for the places for holding elections.
The terms of senators and representatives shall end at noon on the 3rd day of January, of the years in which such terms shall expire. The congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3rd day of January, unless they shall by policy appoint a different day.
Section 5Internal Operations of Congress
Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide.
Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.
Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require confidentiality; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal.
Neither house, during the session of congress, shall, without the consent of the other, adjourn for more than one day, nor to any other place than that in which the two houses shall be sitting.
Section 6Privileges and Disabilities of Members
The senators and representatives shall in all cases, except violation of company security measures, be privileged from "arrest" or discharge during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.
No senator or representative shall, during the time for which he or she was elected, be appointed to any other office within the company, which shall have been created, or the salary whereof shall have been increased during such time; and no person holding any appointed office within the company, shall be a member of either house during his or her term in office.
Section 7Procedure for Passing Laws
All bills for raising revenue shall originate by the Board of Representatives; but the Senate may propose or concur with amendments as on other bills.
Every bill which shall have passed the Board of Representatives and the Senate, shall, before it become a company policy, be presented to the President of the company; who, if he or she approve it, shall sign it, but if not shall return it, with his or her objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become an approved policy. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of those voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within five working days, after it shall have been presented to him or her, the same shall be an approved policy, in like manner as if he or she had signed it, unless congress by their adjournment prevent its return, in which case it shall not be approved.
Every order, resolution, or vote to which the concurrence of the Senate and Board of Representatives may be necessary (except on a question of adjournment, amendment to this Constitution, suspension of the President's "emergency powers," and issues related to the support services of congress) shall be presented to the President of the company; and before the same shall take effect, shall be approved by him or her, or being disapproved by him or her, shall be re-passed by two thirds of the Senate and Board of Representatives, according to the rules and limitations prescribed in the case of a bill.
Section 8Powers Delegated to Congress
Congress shall have authority to
Section 9Limitations upon the Powers of Congress
Congress shall not
ARTICLE IIExecutive Branch
Section 1President and Vice-President
The executive power shall be vested in a company President. He or she shall hold office for a term of two years, and, together with a Vice President, chosen for the same term, be elected, as follows.
Each division shall appoint, by vote of the employees thereof, a number of executive electors equal to the whole number of senators and representatives to which the division may be entitled in congress: but no senator or representative of the company congress, or person holding a divisional office, shall be appointed as an elector.
The electors in each division shall meet and evaluate the qualifications necessary for President and Vice-President and nominate one person for each office, one of whom, at least, shall not be an employee of the same division with themselves. The electors shall then communicate the nominees and their qualifications to all other divisions for their electors' evaluation.
On a common date, the electors shall meet again in their respective divisions, and vote for President and Vice-President, choosing from among those nominated by all divisions. The electors shall each choose five candidates on each list of nominees, arrange them in order of preference, and cast votes in that order: five votes for each of his or her first choices, four for second, three for the third, two for fourth, and one for the fifth. Thus, if five or more candidates exist on each list, each elector shall have fifteen votes for President and fifteen for Vice President. If less than five candidates exist on either list, the number of votes will decrease to fourteen, twelve, nine, or five, respectively. They shall next prepare a report, identifying the number of electors in their division and all persons voted for as President and Vice-President, with the number of votes for each; which report they shall certify, and transmit to the President of the Senate.
The President of the Senate shall, in presence of the Senate and Board of Representatives, open all the reports and the votes shall then be counted. The candidate having the greatest number of votes for President shall be President. If one or more candidates have an equal number of votes, then the Board of Representatives shall immediately choose one of them to be President. But, in choosing, the votes shall be taken by divisions, the representation from each division having a number of votes equal to the total number of electors in that division. A quorum for this purpose shall consist of a member or members from two-thirds of the divisions, and a majority of all the divisions shall be necessary to a choice. And if the Board of Representatives shall not choose a President the same day the right of choice shall devolve upon them, then the newly elected Vice-President shall be President.
The candidate having the greatest number of votes as Vice-President, shall be the Vice-President. If one or more candidates have an equal number of votes, then the Senate shall immediately choose one of them to be Vice-President. But in choosing, the votes shall be taken by divisions, the representation from each division having a number of votes equal to the total number of electors in that division; a quorum for this purpose shall consist of a member or members from two-thirds of the divisions, and a majority of all the divisions shall be necessary to a choice. And if the Senate shall not choose a Vice-President the same day the right of choice shall devolve upon them, then the person receiving the second-most votes for President shall be Vice-President.
Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the company.
No person shall be eligible to the office of President, or Vice-President, who shall not have attained the legal age of majority, and been an employee of the company at least four years preceding election, or an employee at the time of the adoption of this Constitution.
In case of the President's inability to discharge the requisite powers and duties of office, due to removal, death, resignation, or incapacity, whether before assuming office or after, the same shall devolve on the Vice President. If both the President and Vice President are unable to act in the office of President the line of executive authority devolves as follows: first, Speaker of the Board of Representatives; second, President pro tempore of the Senate; finally, the principal officers of the executive staff units in order of their seniority. The Acting President shall serve until the disability be removed or a new President or Vice President shall have been qualified.
The President, or another person higher in the line of executive authority than the Acting President, may assume the office of President by transmitting to the President pro tempore of the Senate and the Speaker of the Board of Representatives his or her written declaration that he or she is again able to act as President.
Whenever the Vice President and a majority of the principal officers of the executive staff units transmit to the President pro tempore of the Senate and the Speaker of the Board of Representatives their written declaration that the Acting President is unable to discharge the powers and duties of office, the next lower person in the line of executive authority shall immediately assume such powers and duties as Acting President. The President may challenge this action by transmitting, within two working days, to the President pro tempore of the Senate and the Speaker of the Board of Representatives his or her written declaration that no inability exists, whereupon, the Speaker of the Board of Representatives shall immediately become Acting President and serve in that capacity until the disagreement is resolved by a majority vote of both houses of congress.
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both houses of congress.
Before the President shall enter on the execution of his or her office, he or she shall take the following oath or affirmation:"I do solemnly swear (or affirm) that I will faithfully execute the office of President of _____________________, and will to the best of my ability, preserve, protect and defend its Constitution."
The terms of the President and Vice President shall end at noon on the 20th day of January of the years in which such terms shall expire.
Section 2Powers of the President
The President shall have authority to
Section 3Other Powers and Duties of the President
The President shall
Section 4Limitations of the President
The President shall not
The President, Vice President, and all other company officers, shall be removed from office on impeachment for, and conviction of: yielding up protected company resources or information to competitors without authorization of the Senate, bribery, or other crimes and misdemeanors.
ARTICLE IIIJudicial Branch
Section 1Company Courts
The judicial power of the company, shall be vested in one Supreme Court, and in such inferior courts as congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior.
The judicial power shall extend to
In all cases affecting company representatives to non-company committees, agencies, or organizations, those in which a division shall be a party, and resolution of constitutional and policy conflicts, the company Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the company Supreme Court shall have appellate jurisdiction, both as to policy and fact, with such exceptions, and under such regulations as congress shall make.
The trial of all violations of company policy, except in cases of impeachment, shall be by jury; and such trial shall be held in the division where the said violation shall have been committed; but when not committed within any division, the trial shall be at such place or places as congress may by policy have directed.
Section 3Duties of the Judiciary
The company judiciary shall
Section 4Limitations of the Judiciary
The company judiciary shall not
Section 1Rights of Divisions
The powers not delegated to the company government by this Constitution, nor prohibited by it to the divisions, are reserved to the divisions respectively, or to the employees.
Divisions are entitled to expect company protection from encroachments by other divisions or from sources outside of the company.
Section 2Duties of Divisions to Employees
Each division in the company shall guarantee to its employees, a representative form of divisional government.
The employees of each division, when visiting other divisions, shall be entitled to the same protections and privileges, except voting privileges, as resident employees.
Section 3Duties of Divisions to Divisions
When an employee is charged in one division with violating ownership rights, or a company or divisional policy, and he or she has transferred to another division subsequent to the violation, the second division shall surrender jurisdiction to the first for trial and sentencing.
Full faith and credit shall be given in each division to the acts, records, and judicial proceedings of every other division.
Section 4Duties of Divisions to the Company
Each division shall maintain accurate records of the number of employees represented by the divisional government and communicate the same to the company government upon request.
Each division shall choose two representatives to the company Senate and see that elections are held for choosing the allotted number of representatives to the Board of Representatives for terms of office as previously defined.
Full faith and credit shall be given in each division to the acts, records, and judicial proceedings of the company government.
Section 5Limitations of Divisions
Divisions shall not
Section 6New Divisions and Possessions
New divisions may be admitted by congress into the company government; but no new division shall be formed or erected within the jurisdiction of any other division; nor any division be formed by the junction of two or more divisions, or parts of divisions, without the consent of the employees of the divisions concerned, and the approval of congress.
ARTICLE VEmployees and Business Units
Section 1Rights of Employees and Business Units
Section 2Duties of Employees
Upon receiving vested status, all employees shall sign an agreement delegating to the duly formed company and divisional governments, those rights necessary to administer the proper functions of their respective governments and declaring his or her willingness to be bound by the provisions of this Constitution, amendments to it, policies passed by the company legislature, and decisions of the company judiciary.
Each employee is responsible for challenging those actions of the company and divisional governments which are outside of the legitimate functions delegated by them to such governments.
Section 3Limitations of Employees
Employees shall not
ARTICLE VIThe Amending Process
The congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the employees of two thirds of the several divisions, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the employees of three fourths of the several divisions; provided that no amendment shall deprive employees or divisions of fair representation in the Board of Representatives or equal suffrage in the senate.
ARTICLE VIIGeneral Provisions
All debts contracted and engagements entered into, before the adoption of this Constitution, shall be valid against the company, divisions, employees, and business units, as appropriate, after such adoption.
Subject only to the Articles of Incorporation and Bylaws of the company, this Constitution, shall be the supreme policy of the company; and the company judges, and those in every division, shall be bound thereby, any thing in the Constitution or the policies of any division to the contrary notwithstanding.
No company or divisional officer shall receive any additional compensation for their services by virtue of their positions, but shall be compensated with wages equal to those which they would have earned in the business units in which they are employed, except that their compensation shall not be diminished during any given term of office below that which existed at the beginning of the term. Compensation for any given officer shall be procured from assessments of all those employees that officer serves, and except for the wages earned from his or her business unit, the officer shall not receive within that period any other emolument from the company, or any division or other business unit thereof.
All divisional and company officers, before taking office, shall agree in writing to support this Constitution; but no religious test shall ever be required as a qualification to any office in the company.
The ratification of the conventions of two-thirds of all company divisions, shall be sufficient for the establishment of this Constitution.
Appendix 1General Purposes
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