The Constitution of the State of San Andreas

We, the People of the State of San Andreas, grateful to the Creator for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution. 

1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

2. Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press.

3. (a) The people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good.

(b) (1) The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.

(b) (2) A statute, court rule, or other authority, including those in effect on the effective date of this subdivision, shall be broadly construed if it furthers the people’s right of access, and narrowly construed if it limits the right of access.

4. Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace or safety of the State. The Legislature shall make no law respecting an establishment of religion.

5. A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws.

6. A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin.

7. A bill of attainder, ex post facto law, or law impairing the obligation of contracts may not be passed.

8. Witnesses may not be unreasonably detained. A person may not be imprisoned in a civil action for debt or tort.

9. Habeas corpus may not be suspended unless required by public safety in cases of rebellion or invasion.

10. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures may not be violated; and a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized.

11. (a) The defendant in a criminal cause has the right to a speedy public trial, to compel attendance of witnesses on the defendant’s behalf, to have the assistance of counsel for the defendant’s defense, to be personally present with counsel, and to be confronted with the witnesses against the defendant. 

(b) Persons may not twice be put in jeopardy for the same offense, be compelled in a criminal cause to be a witness against themselves, or be deprived of life, liberty, or property without due process of law.

12. Cruel or unusual punishment may not be inflicted or excessive fines imposed.

13. Property owned before marriage or acquired during marriage by gift, will, or inheritance is separate property.

14. The right to vote or hold office may not be conditioned by a property qualification.

15. (a) Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution.

(b) This Constitution shall not be construed by the courts to afford greater rights to criminal defendants than those afforded by the Constitution of the United States.

(c) This declaration of rights may not be construed to impair or deny others retained by the people.

16. The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.

1. The State of San Andreas is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.

2. The boundaries of the State are twelve nautical miles surrounding the island of San Andreas. Los Santos is the capital of San Andreas.

3. The powers of state government are legislative, executive, judicial. Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution.

4. Suits may be brought against the State in such manner and in such courts as shall be directed by law.

5. English is the official language of the State of San Andreas.

1. The legislative power of this State is vested in the San Andreas State Senate (hereinafter Senate, Legislature, or SASS), but the people reserve to themselves the powers of initiative and referendum.

2. The Senate has a membership of thirteen Senators elected for four-month terms.

3. Senators shall be elected from each of the thirteen districts of this State.

4. To eliminate any appearance of a conflict with the proper discharge of his or her duties and responsibilities, no Senator may knowingly receive any salary, wages, commissions, or other similar earned income from any source outside of the State purse while a member of the State Senate.

5. The Senate shall be chaired by the Senate Leader who shall be the most senior member of the Senate. The Senate Leader is responsible for calling a vote on all legislation, ensuring legislation is passed to the correct committee, ensuring that all votes are accounted for and tallied.

6. The Senate may propose and vote on any matters pertinent to its membership. It may further approve funds or actions for state agencies. All Senators may present legislation.

7. (a) Legislation must receive a vote after four days of discussion.

(b) Senators must vote yea, nay or abstain within three days of a vote being called.

8. All legislation must have a quorum of seventy-five percent of all Senators to be considered passed. A quorum includes yea, nays and abstentions. 

9. Legislation shall pass with fifty percent plus one vote in favour.

10. This Constitution may only be amended by two-thirds majority vote in favour.

11. (a) The Senate may establish subsidiary bodies, such as committees, as it deems necessary for the performance of its functions. 

(b) Committees shall be responsible for the drafting of all legislation and either accept or reject said legislation before bringing it to the full Senate.

12. (a) The Senate shall have the power to issue articles of impeachment against members of said Senate. A minimum of five Senators are required to consent to an impeachment in order for it to be presented to the full Senate.

(b) An impeachment requires a two-thirds majority vote in favour in order to remove a sitting member.

1. The supreme executive power of this State shall be vested in the Governor of San Andreas. The Governor shall see that the law is faithfully executed.

2. To eliminate any appearance of a conflict with the proper discharge of his or her duties and responsibilities, the Governor may not knowingly receive any salary, wages, commissions, or other similar earned income from any source outside of the State purse while serving as the Governor of this State.

3. The Governor shall report to the Senate every four months on the condition of the State and may make recommendations.

4. (a) The Governor may establish subsidiary bodies, such as agencies or offices, as he or she deems necessary for the performance of his or her functions.

(b) The following permanent subsidiary bodies shall exist and shall not be dissolved:

1. The Office of the Attorney General

   1. The Attorney General shall be the chief law officer of the State.

2. The Office of the Surgeon General

   1. The Surgeon General shall be the chief public health officer of the State.

3. The San Andreas Elections Agency

   1. The SAEA Director shall be the chief elections officer of the State.

5. (a) The Governor shall have the power to veto any legislation within three days of its passing in the Senate.

(b) Legislation that is not vetoed or assented by the Governor within three days shall be considered law.

6. The Governor shall have the power to pardon, commute, and reduce criminal sentences at his or her discretion.

7. The Governor shall have the power to issue executive orders.

8. The Governor shall have the power to issue a state of emergency to issue emergency funds, and other services.

9. (a) The Governor shall have the power to appoint directors of subsidiary bodies, and Justices to the Supreme Court.

(b) When a seat in the Senate becomes vacant, the Governor must call a special election or appoint a replacement until a regular election is held.

10. (a) The Governor shall have the power to create and disincorporate municipalities.

(b) Each municipality shall be governed by a Mayor, who reports to the Governor.

(c) Each municipality must maintain a local law enforcement agency or assist in the funding of a state law enforcement agency.

1. The judicial power of this State is vested in the Supreme Court, Superior Court and State Court, all of which are courts of record.

2. The Supreme Court consists of the Chief Justice of San Andreas and two associate justices. The Chief Justice may convene the court at any time. The Supreme Court shall be the policy making body of the judiciary.

3. The Supreme Court shall appoint the judges of courts of record aside from the Supreme Court.

4. To improve the administration of justice the Supreme Court shall survey judicial business and make recommendations to the courts, the Governor and the Senate, adopt rules for court administration, practice and procedure, and perform other functions prescribed by statute. The rules adopted shall not be inconsistent with statute.

5. The Supreme Court shall be responsible for the maintenance of the State Bar of San Andreas. Every person admitted and licensed to practice law in this State is and shall be a member of the State Bar except while holding office as a judge of a court of record.

6. The courts of record, and their judges have original jurisdiction in all proceedings.

7. The Legislature shall provide for the prompt publication of such opinions of the Supreme Court and those opinions shall be available for publication by any person. Decisions of the Supreme Court that determine causes  shall be in writing with reasons stated.

8. The Legislature shall prescribe compensation for judges of courts of record.

9. A criminal code shall be maintained by this State which shall be used for the punishment of any crimes committed within this State.

1. Unless otherwise provided in this Constitution or the laws of the United States:

1. All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.

2. All property so assessed shall be taxed in proportion to its value.

2. The Legislature may provide for property taxation of all forms of tangible personal property, shares of capital stock, evidence of indebtedness, and any legal or equitable interest therein not exempt under any other provision of this article. The Legislature may classify such personal property for differential taxation or exemption. 

3. The following are exempt from property taxation:

1. Property owned by the State.

2. Property owned by a local government.

3. Bonds issued by the State or a local government in the State.

4. The Legislature may tax corporations, including state and national banks, and their franchises by any method not prohibited by the Constitution or the Constitution or laws of the United States.

5. The power to tax may not be surrendered or suspended by grant or contract.

6. The Legislature may create tax codes which expand upon taxes declared in this Constitution or create exemptions in whole or in part thereof.